M EASWARAMOORTHY Vs. C EASWARAMOORTHY
LAWS(MAD)-2013-7-366
HIGH COURT OF MADRAS (FROM: STATE)
Decided on July 29,2013

M Easwaramoorthy Appellant
VERSUS
C Easwaramoorthy Respondents

JUDGEMENT

- (1.)The brief facts of the case are as follows:-
The revision petitioners herein have filed Transfer O.P.No.2083 of 2007, on the file of Ist Additional District Sessions Judge, Erode against the respondents herein stating that the above 14 respondents/complainants and other 4 complainants have filed 18 cases under Section 138 of Negotiable Instruments Act against them and the said cases are pending before the various Judicial Magistrate Courts, viz., Judicial Magistrate-I, Judicial Magistrate-II and Judicial Magistrate-III at Erode. Out of the 18 cases, 14 cases are pending on the file of Judicial Magistrate-I, Erode, 2 cases are pending on the file of Judicial Magistrate-II, Erode and two cases are pending on the file of Judicial Magistrate-III, Erode. Hence, the petitioners have filed the above transfer petition to transfer all the cases to Judicial Magistrate, Kangayam since the complainants are threatening them while they are attending the Courts at Erode, on each and every hearing. Further, the first petitioner is working at Karur as Assistant Executive Engineer in the Soil Conservation Department and his wife i.e, the second petitioner is working at Panchayat Union Middle School, Kangayam, as teaching staff. Therefore, they are unable to attend the concerned Courts for each and every hearing.

(2.)The said transfer O.P. had been resisted by the first respondent after filing a counter statement. The complainants never threatened the petitioners while they are attending the Courts at Erode. If 18 cases were transferred to Kangayanm, the complainants and their 36 witnesses have to travel from Erode to Kangayam. All the witnesses are bank officers, who are also Government employees and their official work will be affected if they go to Kangayam Court to give evidence.
(3.)The fourth and ninth respondent also filed counter statement and opposed the transfer petition in the same way. After hearing the arguments of all sides and on perusing the averments of the parties, the learned judge dismissed the said transfer petition.


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