This criminal original petition has been filed under Section 482 of Cr.P.C., seeking to set aside the order dated 22.07.2010 made in Crl.M.P.No.3401 of 2009 on the file of the Sessions Court, Kanyakumari Division at Nagercoil and consequently, to withdraw the case in S.T.C.No.2085 of 2008 from the file of the Judicial Magistrate No.1, Kuzhithurai and to transfer the same to any other J.M.Court.
2.The petitioner filed a petition seeking to transfer S.T.C.No.2085 of 2008 from the file of the Judicial Magistrate No.1, Kuzhithurai to one of the Judicial Magistrate, Nagercoil. The above transfer petition filed before the Sessions Court was dismissed for default as there was no representation by the petitioner on 22.07.2010. Aggrieved by the said order, the present criminal original petition has been filed.
3.The learned counsel for the petitioner submits that the petitioner has got a valid ground for transfer as he had threat from the complainant, when appeared before the Judicial Magistrate No.1, Kuzhithurai and therefore, he sought transfer of the case to some other Magistrate. But, the District Judge, without giving sufficient opportunity, dismissed the petition for default and therefore, the above order is to be set aside. The case sought to be transferred is a cheque bounce case of 2008. The petitioner filed transfer petition in 2009 and the same was dismissed for default on 22.07.2010. Thus, even after three years, the petition is not ready to get along either with the transfer petition or cheque bounce case. Even in this petition, the petitioner admits that he is facing one another case in the same Court, in which, NBW has been issued against him. The allegation that the complainant having residence near by Court is threatening the petitioner, when he appeared before the Court is not supported with any materials. The above said reason is also not convincing for transfer and the District and Sessions Judge has rightly dismissed the petition for default in the case, which is pending from 2009. Therefore, I do not any reason to interfere with the order of the District and Sessions Judge.
4.In the result, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.
To
1.The Sessions Court, Nagercoil.
2.The Judicial Magistrate No.1, Kuzhithurai..