IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Tr.P(Crl.).No. 36 of 2010() --------------------------- ST.2869/2009 of J.M.F.COURT-I.,KOTTAYAM TO J.F.C.M COURT-IV, KOTTAYAM FOR TRIAL ALONG WITH S.T.NO.216/2009 .................... PETITIONER(S): --------------- INDIRA GANDHI MEMORIAL GENERAL MARKETING CO-OP.SOCIETY LTD.NO.K.900, MEENADOM PO, KOTTAYAM, REPRESENTED BY ITS SECRETARY SHINY PHILIP,.VALIYA PUNCHAL HOUSE,MEENADOM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. ROYCE ABRAHAM, MANAGING PARTNER, M/S. ABRAHAM VARGHESE & CO, MEENADOM, MALIAKEL HOUSE, MEENADOM PO, KOTTAYAM,. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, KOTTAYAM. ADV. SRI.JOHN JOSEPH VETTIKAD FOR R1 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: “S.T.No.2869/2009” shown in the cause title of final order dated 29.7.2010 in Tr.P.(Crl.)No.36/2010 is corrected as “S.T.No.2869/2008” as per the order dated 19.8.2010 in Crl.M.A 5016/2010 in Tr.P (Crl) No.36/2010. Sd/- Assistant Registrar V.RAMKUMAR, J. ------------------------------------- Tr.P (Crl).No.36 OF 2010 -------------------------------------- Dated this the 29th day of July, 2010 ORDER Petitioner is the complainant in S.T.No.216/2009 on the file of the J.F.C.M Court-IV, Kottayam involving an offence punishable under Section 138 of the Negotiable Instruments Act against the 1st respondent. The petitioner is also the complainant in S.T.No.2869/2009 on the file of the J.F.C.M Court-I, Kottayam involving the very same offence against the 1st respondent himself and committed within a span of few weeks. The petitioner seeks a transfer of both the cases to one of the above two Courts for trial of both the cases by the same Magistrate. The petitioner relies on Section 219 Cr.P.C. 2. The learned counsel for the 1st respondent, who is the common accused in both the cases submit that the transactions involved are different, the amount involved in the cheques are different and his defences are also dissimilar in both the cases and if both the cases are jointly tried, it will prejudice his defences. Tr.P (Crl).No.36 OF 2010 : 2 : 3. Joint trial is a question which will have to be considered by the Magistrate at the appropriate stage after hearing both sides . At present the only prayer which is acceptable is for transfer of both the cases to one court. Accordingly, S.T.No.2869/2009 pending before the J.F.C.M Court-I, Kottayam shall be transferred to J.F.C.M Court-IV, Kottayam, where S.T.No.216/2009 is pending. The question as to whether the above cases can be jointly tried or not will have to be decided by the learned Magistrate after hearing both sides. This Transfer Petition (Crl.) is disposed of as above. Sd/- V.RAMKUMAR, JUDGE dmb “S.T.No.2869/2009” occurring in the 5th line of first paragraph and in 5th line of third paragraph of the final order dated 29.7.2010 in Tr.P.(Crl.)No.36/2010 is corrected and substituted as “S.T.No.2869/2008” as per the order dated 19.8.2010 in Crl.M.A 5016/2010 in Tr.P (Crl) No.36/2010. Sd/- Registrar (Judicial)