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Gengusamy vs R. Rajagopal

Madras High Court|05 September, 2017

JUDGMENT / ORDER

This petition is filed to transfer the proceedings in C.C.No.64 of 2017, pending on the file of the learned Judicial Magistrate No.I, Dindigul to any other District Court.
2. The respondent has given a private complaint under Section 138 of Negotiable Instruments Act against the petitioner. Though the petitioner has stated he is not liable to pay any amount to the respondent, and that the complaint has been falsely preferred by the respondent, he has not given any valid reason for transferring the proceedings to some other Court. The only ground that is raised by the petitioner is that the respondent is an influential person and hence, the respondent Police is not taking any action on his complaint and his life is in danger, when he attend the Court for hearing.
3. The petitioner is an accused in a criminal case and the respondent has filed a criminal case for the offence of cheating the de facto complainant after receiving the amount. If the petitioner has any apprehension or feel that his life is in danger he can file necessary application before the concerned Police. No untoward incident or a complaint for any threat so far. Hence, the apprehension is artificial for the purpose of seeking transfer of the criminal case.
4. In such circumstances, this Court is not inclined to entertain this petition. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed.
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Title

Gengusamy vs R. Rajagopal

Court

Madras High Court

JudgmentDate
05 September, 2017