Mr.A.P.Thiyagarajan, v. M/s.Dhanalakshmi Srinivasan Chit Funds(P) Ltd
CRL OP/18155/2025 · 2026-08-21
S Alli
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 9304 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9304 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP Nos. 18155 of 2025 etc. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2026 CORAM THE HON'BLE MRS.JUSTICE S.ALLI CRL OP Nos. 18155, 18200, 18203, 18207, 18297 & 18305 of 2025 AND CRL MP Nos. 11898, 12023, 12028, 12039, 12104 & 12131 of 2025 Mr.A.P.Thiyagarajan, S/o. Mr. Paranthaman, No.33, ECR Main Road, Near Vivekanandha School, Lawspet, Puducherry - 605008. ..Petitioner(s) Vs. M/s.Dhanalakshmi Srinivasan Chit Funds(P) Ltd Represented by its Power Agent and Regional Manager, Mr. V.S.Muralidharan , S/o. Mr. Subramaniyam, M/A 51 years, Having office at No.181, SR Complex, 4th floor, Raja Annamalai Road, Saibaba Colony, Coimbatore - 641011, and Head Office at No.274/C, Thuraiyur Main Road, Perambalur - 621212. ..Respondent(s) Crl.O.P.No.18200 of 2025 A.P.Thiyagarajan S/o.Mr.Paranthaman, No.33, ECR Main Road, Near Vivekanandha School, Lawspet, Puducherry-605 008. ..Petitioner(s) Vs. M/s.Dhanalakshmi Srinivasan Chit Funds (P) Ltd., Represented by its Power Agent and Deputy Regional Manager, Mr.A.Sathiya Sundaram, M/A 43 years, Having office at No.13(1),1st Floor, AB Towers, Police Line Street, __________ Page1 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc. Tiruppur-641 601. And Head Office at No.274/C, Thuraiyur Main Road, Perambur-621 212. ..Respondent(s) Crl.O.P.No.18203 of 2025 L.Raviselvam S/o.Loganathan, No.197, Thiruvalluvar Street, Pillai Thottam, Saram, Puducherry - 605 013. ..Petitioner(s) Vs. M/s.Dhanalakshmi Srinivasan Chit Funds(P) Ltd Represented by its Power Agent and Regional Manager Mr.V.S.Muralidharan, S/o.Mr.Subramaniyam, M/A 51 Years, having office at No.181, SR Complex, 4th Floor, Raja Annamani Road, Saibaba Colony, Coimbatore - 641 011, and head office at No.274/C, Thuraiyur Main Road, Perambalur - 621 212. ..Respondent(s) Crl.O.P.No.18207 of 2025 A.P.Thiyagarajan S/o. Mr. Paranthaman, No.33, ECR Main Road, Near Vivekanandha School, Lawspet, Puducherry-605 008. ..Petitioner(s) Vs. M/s.Dhanalakshmi Srinivasan Chit Funds(P) Ltd Rep by its General Power of Attorney, As well as Regional Manager Mr. B. Arun Kumar(42/23), S/o. Mr. Balasubramaniyan, Head Office at NO.274/C, Thuraiyur Main Road, __________ Page2 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc. Perambalur-621 212. having Branch Office at No.1049, 1st Floor, S.K. Complex, Nehru Nagar, Salem Main Road, Attur, Salem District. ..Respondent(s) Crl.O.P.No.18297 of 2025 Mr.S.Jayaprakasham Proprietor of M/s.Jaya Brothers, No.28, Swaminathan Pillai Street, Mudaliarpet, Pondicherry-605 004. ..Petitioner(s) Vs. M/s.Dhanalakshmi Srinivasan Chit Funds(P) Ltd Rep by its Power Agent and Regional Manager, Mr.V.S.Muralidharan, S/o.Mr.Subramaniyam, having office at No.181, SR Complex, 4th floor, Raja Annamalai Road, Saibaba Colony, Coimbatore-641 011 and head office at No.274/C, Thuraiyur Main Road, Perambalur -621 212. ..Respondent(s) Crl.O.P.No.18305 of 2025 M/s.Jaya Brothers Rep.
by its Proprietor, S.Jayaprakasham, S/o.Mr.Sakthivel, M/A 44 years, No.28, Swaminathan Pillai Street, Mudaliarpet, Pondicherry - 605 004. ..Petitioner(s) Vs. M/s.Dhanalakshmi Srinivasan Chit Funds(P) Ltd., Represented by its Power Agent and Deputy Regional Manager, Mr.A.Sathiya Sundaram, __________ Page3 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc. S/o.Mr.Ayyasami, M/A 43 Years having Office at No.13(1), 1st Floor, AB Towers, Police Line Street, Tiruppur-641 601. And Head Office at No.274/C, Thuraiyur Main Road, Perambalur - 621 212. ..Respondent(s) CRL OP No. 18155 of 2025 PRAYER : Petition filed under Section 407 of Cr.P.C., and 447 BNSS, to transfer the above STC.No.201 of 2024 on the file of Judicial Magistrate, Fast Track Court -II, at Magistrate Level, Coimbatore to Judicial Magistrate, Pondicherry or some other court subject to the convenience of this court. CRL OP No. 18200 of 2025 PRAYER : Petition filed under Section 407 of Cr.P.C., and 447 BNSS, to withdraw and transfer the above STC No.3098/2023 on the file of Judicial Magistrate, Fast Track Court-II at Magisterial Level, Tiruppur to Hon’ble Judicial Magistrate, Pondicherry or some other court subject to the convenience of this court. CRL OP No. 18203 of 2025 PRAYER : Petition filed under Section 407 of Cr.P.C., and 447 BNSS, to withdraw and transfer the above STC No.271 of 2024 on the file of Judicial Magistrate, FTC-II, at Magisterial level, Coimbatore to Judicial Magistrate, Pondicherry or to some other court subject to the convenience of this court. CRL OP No. 18207 of 2025 PRAYER : Petition filed under Section 407 of Cr.P.C., and 447 BNSS, to withdraw and transfer the above STC No.107 of 2024 on the file of the Judicial Magistrate, Fast Track Court-II, at Magisterial Level, Attur to Judicial Magistrate, Pondicherry or some other court subject to the convenience of this court. __________ Page4 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc.
CRL OP No. 18297 of 2025 PRAYER : Petition filed under Section 407 of Cr.P.C., and 447 BNSS, to transfer the above STC.No.90 of 2024 on the file of the Judicial Magistrate, Fast Track Court-II, at Magisterial level, Coimbatore to Judicial Magistrate, Pondicherry or some other court subject to the convenience of this court. CRL OP No. 18305 of 2025 PRAYER : Petition filed under Section 407 of Cr.P.C., and 447 BNSS, to transfer the above STC No.3050 of 2023 on the file of Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruppur to Hon’ble Judicial Magistrate, Pondicherry or some other court subject to the convenience of this court. In all CRL OPs For Petitioner(s): Mr.P.Balamurugan For Respondent(s): Y.Jyothish Chander Common Order These Criminal Original Petitions have been filed seeking transfer of STC.No.201 of 2024, STC.No.3098 of 2023, STC.No.271 of 2024, STC.No.437 of 2023, (Judicial Fast Track Court – I, Magisterial Level, Madurai) STC.No.107 of 2024, STC.No.90 of 2024, STC.No.3050 of 2023 from the concerned Court to learned Judicial Magistrate, Pondicherry. 2. The learned counsel for the petitioners would submit that as against the petitioners in all the aforesaid cases, there were complaints pending under Section 138 of the Negotiable Instruments Act before the learned Judicial Magistrate, Fast Track Court - II, Tiruppur, learned Judicial Magistrate, Fast __________ Page5 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc. Track Court, Tiruppur, learned Judicial Magistrate, Fast Track Court – II, Coimbatore, learned Judicial Magistrate, Fast Track Court – II, Attur, learned Judicial Magistrate, Fast Track Court – I, Madurai in STC.No.201 of 2024, STC.No.3098 of 2023, STC.No.271 of 2024, STC.No.437 of 2023, STC.No.107 of 2024, STC.No.90 of 2024, STC.No.3050 of 2023, filed by the respondent herein. 3. Since the aforesaid cases are pending before different Courts, the
learned counsel for the petitioners is seeking transfer of all these cases, either to Pondicherry or to any one of the Courts as this Court deems fit and for the convenience of the parties to the proceedings to conduct these cases in one Court and also for a joint trial of these cases.
4. The learned counsel who is appearing for the respondent would submit that it is not necessary to transfer these cases as sought for by the petitioners and there is no apprehension for the petitioners in any of the Courts and as per the
judgment of the Hon’ble Supreme Court in the case of Prakash Chimanlal Sheth Vs. Jagruti Keyur Rajpopat, the cases under Section 138 of the Negotiable Instruments Act should be filed and tried by the Court which has territorial jurisdiction. In view of the same, these Criminal Original Petitions are liable to be dismissed. __________ Page6 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc. 5. Heard both sides and perused the materials and documents available on record. 6. Admittedly STC No.3050 of 2023 and STC No.3098 of 2023 are pending before the learned Judicial Magistrate, Fast Track Court, Tiruppur, and learned Judicial Magistrate, Fast Track Court - II, Tiruppur. STC No.90 of 2024, STC No.201 of 2024, STC No.271 of 2024 are pending before the learned Judicial Magistrate, Fast Track Court - II, Coimbatore. STC No.107 of 2024 is pending before the learned Judicial Magistrate, Fast Track Court - II, Attur and STC No.437 of 2023 is pending before the learned Judicial Magistrate, Fast Track Court – I , Madurai. 7. Since these Criminal Original Petitions have been filed to transfer these cases either to Pondicherry or to any one of the Courts in Tamil Nadu. It is not necessary to go into the merits of these cases and the Court has to look into the only fact that whether these cases could be transferred as claimed by the petitioners or not. 8. It is the contention of the learned counsel for the petitioners that the truth would come to light only when all these cases are conducted and tried jointly in the same Court. However, the petitioners did not ask for any relief for joint trial in these Criminal Original Petitions. __________ Page7 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc. 9. In all the aforesaid seven cases, M/s.Dhanalakshmi Srinivasan Chit Funds Private Limited, is the complainant. It is also an admitted fact that these cases have been originally filed before the Courts which have territorial jurisdiction and there is no dispute at all. Now, for the convenience of the parties and also for a joint trial, the petitioners have filed these Criminal Original Petitions seeking transfer of these cases to any one Court in Pondicherry or Tamil Nadu.
It is true that for a better understanding of the case, appreciation of evidence and also for the convenience of both parties, all the cases have to be tried in the same Court and there would be no prejudice to the respondent in transferring these cases to any one of the Court in Tamil Nadu. 10. In the judgment pointed out by the learned counsel for the respondent, the Hon’ble Supreme Court has held that the complaint under Section 138 of Negotiable Instruments Act should be filed before the Court which have territorial jurisdiction as provided under Section 142(2)(a) of the Negotiable Instruments Act. As stated supra, these cases have originally been filed before those Courts which has territorial jurisdiction and now the petitioners are asking for transfer of these cases for the convenience of the parties and also for a joint trial. 11. In these circumstances, the Court is of the view that for the convenience of not only the petitioners, but also for the respondent, all the __________ Page8 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc. aforesaid seven cases may be transferred to any one of the Courts for better appreciation. As regards the joint trial, the same shall be decided by the Court concerned. 12. In the result, these Criminal Original Petitions are allowed. Except for the three cases in STC No.90 of 2024, STC No.201 of 2024, STC No.271 of 2024, which are already pending before the learned Judicial Magistrate, Fast Track Court - II, Coimbatore, the other four cases in STC No.3050 of 2023, STC No.3098 of 2023, STC No.107 of 2024 and STC No.437 of 2023 are transferred to the learned Judicial Magistrate, Fast Track Court – II, Coimbatore. Consequently, connected miscellaneous petitions are closed. 21-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSK __________ Page9 of 10 https://www.mhc.tn.gov.in/judis
CRL OP Nos. 18155 of 2025 etc.
S.ALLI J. GSK To 1.The Judicial Magistrate, Fast Track Court -II, Coimbatore. 2.The Judicial Magistrate, Fast Track Court – II, Tiruppur. 3.The Judicial Magistrate, Fast Track Court, Tiruppur. 4.The Judicial Magistrate, Fast Track Court – I, Madurai. 5.The Judicial Magistrate, Fast Track Court – II, Attur. CRL OP Nos. 18155, 18200, 18203, 18207, 18297 & 18305 of 2025 AND CRL MP Nos. 11898, 12023, 12028, 12039, 12104 & 12131 of 2025 21-08-2026 __________ Page10 of 10 https://www.mhc.tn.gov.in/judis