IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 28.07.2021 PRONOUNCED ON : 23.09.2021 CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.422 of 2018 M/s.R.K.R.Gold Bullion Private Limited, represented by its Chairman cum Managing Director, S.V.Sreenivasan, IInd Floor, No.569/2, Raja Street, Coimbatore – 1. ... Petitioner Vs.

1.Muthusamy

2.M/s.Citra Fuels Limited, Represented by its Chairman/Managing Director, Mr.John Milton, Kunnampuram – Building, Villonni – Post, Arpookkara, Kottayam – 686 008.

3.M.Gnanalingam ... Respondents Prayer: This Criminal Revision Case has been filed under Section 397 read with Section 401 of Cr.P.C., to set aside the order dated 09.11.2017, made in Tr.C.M.P.No.848 of 2015 on the file of the Chief Judicial Magistrate Court, Coimbatore.

For Petitioner : Mr.K.S.Karthik Raja For R1 : Mr.C.R.Prasannan For R2 & R3 : No appearance

JUDGMENT

(The case has been heard through Video Conference)

This Criminal Revision Case is filed by the revision petitioner/complainant in C.C.No.41 of 2015, on the file of the Fast Track Court, Coimbatore, against the respondents herein for the offence under Section 138 of Negotiable Instruments Act.

2.The revision petitioner herein has filed a case in C.C.No.41 of 2015, on the file of the Fast Track Court, Coimbatore, against the first respondent herein. While the first respondent herein has filed a case in C.C.No.289 of 2015, before the learned Judicial Magistrate No.V, Coimbatore, against the respondents 2 and 3 herein and another, for the dishonour of cheque No.015019, for an amount of Rs.94,00,000/-.

3.During the pendency of trial of the respective cases, the first respondent herein/complainant in C.C.No.289 of 2015, has filed a petition in Tr.C.M.P.No.848 of 2015, before the learned Chief Judicial Magistrate Court, Coimbatore, to transfer the said C.C.No.289 of 2015, to the file of the learned Judicial Magistrate, Fast Track Court No.II, Coimbatore, for simultaneous trial along with C.C.No.41 of 2015. The learned Chief Judicial Magistrate has come to the conclusion that the issue arising in the above two cases viz., C.C.No.41 of 2015 and C.C.No. 289 of 2015 are interdependent. Accordingly, ordered for simultaneous trial and hence, the Criminal Revision Case.

4.Heard the respective learned counsels and perused the materials placed on record.

5.The learned counsel for the revision petitioner would contend that there is no necessity for the simultaneous trial since the respondents 2 and 3 herein are no way connected to the cheque issued by the first respondent herein. He would further contend that the finding rendered by the learned Chief Judicial Magistrate, Coimbatore, is not based upon the records.

6.Per contra, the learned counsel for the respondents would contend that the simultaneous trial alone will resolve the issue and that is the reason why the first respondent herein, who is the complainant in C.C.No.289/2015, has sought for transfer and simultaneous trial.

7.The reason assigned in the prayer for simultaneous trial of two cases is that the revision petitioner herein is the buyer; the second respondent herein is the seller; the third respondent herein is a prospective purchaser; while the first respondent herein is an intermediator, who is standing guarantee for the transaction.

8.The learned Chief Judicial Magistrate, Coimbatore, has ordered for simultaneous trial in C.C.No.289 of 2015, on the file of the learned Judicial Magistrate No.V, Coimbatore, along with C.C.No.41 of 2015, on the file of the learned Judicial Magistrate Fast Track Court No.I, Coimbatore. In one case the first respondent herein is the accused and in another case the second respondent herein is the private complainant.

9.After perusing certain Email communications between the parties and Ex.P9/statement of accounts of the first respondent herein for the period from 01.11.2013 to 31.12.2013, viz., Ex.P9 was marked by way of consent and it also reveals that the amounts transacted with Citra F