IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Tr.P(Crl.).No. 87 of 2007 --------------------------- C.C. NO. 1007/2003 OF JFCM-II, Ernakulam PETITIONER: PETITIONER ---------------------- N.VENUKUMAR,S/O.NARAYANAN PILLAI, AGED 39, MANAGING PARTNER,M/S.ALAPHA ZEE SYSTEMS WATER FRONT ENCLAVE, CHILAVANNOOR, KADAVANTHARA, COCHIN 682020. BY ADV. SRI.K.R.SUNIL RESPONDENTS: ------------- 1. NAJEEB RAWTHER,S/O.RAWTHER WESTERN AGENCIES, VENNIKULAM, THIRUVALLA. 2. OMANAKUTTAN,S/O.KOCHU KUNJU NAIR PANACHICKAL, THANPATHIYIL VEEDU, THELLIYOOR P.O., VENNIKULAM. 3. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE SRI.ANANDARAJAN.N SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Tr.P.Crl.No.87 of 2007 = = = = = = = = = = = = = = Dated this the 27th day of February, 2008 ORDER The petitioner, who is the de facto complainant in C.C.No. 1007/2003 on the file of the Judicial First Class Magistrate Court-II, Ernakulam for offences punishable under sections 379,120B, 403,418, 420 and 464 read with Section 34 of the Indian Penal Code, seeks a transfer of three other cases, namely, C.C.Nos.339/2002, C.C.No.358/2002 and C.C.No.431/2002 in which he is the common accused and pending before the Chief Judicial Magistrate Court, Pathanamthitta, to the Judicial First Class Magistrate-II, Ernakulam for the purpose of ensuring that all the four cases are tried by one and the same court. 2. Heard both sides . 3. According to the petitioner, three cheque leaves from the cheque book belonging to him were stealthily removed by the first respondent without the consent or knowledge of the petitioner and Tr.P.Crl.No.87/2007 -2- he has caused the institution of the aforesaid C.C. cases before the Chief Judicial Magistrate Court, Pathanamthitta under Section 138 of the Negotiable Instruments Act. The petitioner would further allege that in C.C.No.1007/2003 now pending before the Judicial First Class Magistrate-II, Ernakulam, the handwriting expert has opined that the signatures of the three cheques in question do not resemble the admitted signatures of the respective complainants in the aforesaid three C.C.cases. 4. The learned counsel appearing for the contesting respondents submitted that since the case before the Ernakulam court and the cases before the Pathanamthitta court are different and distinct, there is no case made out for transferring the C.C. cases. 5. Considering the facts and circumstances of the case, I am of the view that all the four cases would be tried by the same court and that the Judicial First Class Magistrate-II, Ernakulam would be the appropriate court for the said purpose since in C.C.No.1007/2003 pending before that court, there are official witnesses to be examined. Accordingly, C.C.Nos.339 /2002, 358/2002 and 431/2002 pending before the Chief Judicial Magistrate Court, Pathanamthitta shall stand transferred to Tr.P.Crl.No.87/2007 -3- Judicial First Class Magistrate-II, Erakulam where C.C.No.1007/2003 is pending. Judicial First Class Magistrate- II,Ernakulam shall dispose of the case in quick succession after recording evidence in all the cases. The petition is allowed to the above extent. V. RAMKUMAR, JUDGE ks.