IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Tr.P(Crl.).No. 2 of 2009() -------------------------- ST.347/2008 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- VELAYUDHAN NAIR.B, AGED 56 YEARS, S/O. BHANU DEVAN NAIR, SHAJI NIVAS, PANDU ROAD, EAST KALLADA, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): COMPLAINANT -------------------------- 1. ING VYSYA BANK LTD., RETAILO BANKING DIVISION, SHEMA BUILDING, RAVIPURAM, REP. BY THE POWER OF ATTORNEY HOLDER, RAVEENDRA PAI CBD, REGIONAL OFFICER, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.T.JOSE FOR R1 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Tr.P.C. No.2 of 2009 ------------------------------------- Dated this the 3rd day of February, 2009 ORDER Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. According to him he had transaction with the branch of the complainant bank at Kollam. But the prosecution has been initiated at Ernakulam on the convenient plea that the cheque has been presented for collection with the collecting bank at Ernakulam and a notice of demand had been issued by the counsel at Ernakulam. The learned counsel for the petitioner submits that the issue is covered by the decisions of this Court in Ahammedkutty Haji v. State of Kerala [2007(1) KLT 68] and Santhoshkumar v. Mohanan [2008(3) KLT 461]. The case can be conveniently disposed of by the court at Kollam and there is absolutely no justification in dragging the petitioner to Ernakulam to contest the case. 2. Notice was given. The learned counsel for the respondent/complainant submits that the petitioner/complainant has no objection against the proposed transfer. Tr.P.C. No.2 of 2009 2 3. In the result: i) This Tr.P.C is, in these circumstances, allowed; ii) S.T.No.347 of 2008 pending before the learned C.J.M, Ernakulam is transferred to the Court of the learned Judicial Magistrate of the First Class-II, Kollam; iii) The learned C.J.M, Ernakulam shall forthwith transmit the records to the learned Judicial Magistrate of the First Class- II, Kollam such that the records are there prior to 10.03.09; iv) The learned Judicial Magistrate of the First Class-II, Kollam shall make every endeavour to dispose of the case as expeditiously as possible - at any rate, within a period of 3 months from 10.03.09; v) The parties shall appear before the learned Judicial Magistrate of the First Class-II, Kollam on 10.03.09 to continue the proceedings without waiting for any further notice from the transferee court. (R.BASANT, JUDGE) rtr/-