IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Tr.P(Crl.).No. 74 of 2009(F) --------------------------- ST.373/2007 of J.M.F.C.-III, PALAKKAD .................... PETITIONER: ------------------ PREETHA UNNI, AGED 37 YEARS, W/O. R.G.RAGHUANTH & D/O.K.E.RAJAGOPALAN UNNI, RESIDING AT 44/1478-A, "PRAYAG", L.F.C.ROAD, ORIENTAL ESTATE LANE, KALOOR, KOCHI-17. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN RESPONDENTS: --------------------- 1. DINESH BABU.S., AGED 43 YEARS, S/O.SREEDHARAN KARTHA, SREE NILAYAM, MANNAM POST, NORTH PARUR, ERNAKULAM. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY SRI.JOY JOSEPH (UDAYAMPEROOR) R2 BY PUBLIC PROSECUTOR SRI. B.VINOD. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: app/- M.SASIDHARAN NAMBIAR, J. ================== Tr.P.(Crl). No.74 of 2009 ================== Dated this the 11th day of August, 2009. O R D E R Petitioner is the accused and 1st respondent is the complainant in S.T.373/2007 on the file of Judicial First Class Magistrate-III, Palakkad. The first respondent filed Annexure A4 complaint alleging that first respondent committed an offence under 138 of the Negotiable Instruments Act. It was taken cognizance by the learned magistrate. This petition is filed for transfer of that case to Judicial First Class Magistrate-I, Ernakulam contending that C.C.345/2007 is pending therein. Learned counsel appearing for the petitioner and the first respondent were heard. Learned Counsel appearing for the petitioner submitted that petitioner is a resident of Kaloor, Ernakulam and first respondent is a resident of North Paravoor, Ernakulam and under Annexure A5 order, this court has Tr.P.(Crl). No.74 of 2009 2 already transferred the complaint filed by first respondent against the sister of the petitioner and was pending before Palakkad court to Ernakulam on the request of the sister of the petitioner and in such circumstance this case is also be transferred to Ernakulam. 2. The learned counsel appearing for first respondent opposed the application submitting that though he is a resident of North Paravoor, his place of business is Palakkad and another case is registered by the police against the petitioner at Palakkad and it is connected with the present case and therefore the case may not be transferred. 3. First respondent is admittedly residing at North Paravoor, Ernakulam. Under Annexure A5 order another case filed by the 1st respondent, against the sister of the petitioner for the same offence was transferred by this court from Palakkad to Ernakulam. First respondent necessarily has to appear in that case at Ernakulam for Tr.P.(Crl). No.74 of 2009 3 prosecution of that case. In such circumstances in the interest of justice petition is allowed. ST.373/2007 on the file of Judicial First Class Magistrate-III, Palakkad is transferred to Judicial First Class Magistrate-I, Ernakulam for trial and disposal. M.SASIDHARAN NAMBIAR JUDGE app/-