IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Tr.P(Crl.).No. 56 of 2008() --------------------------- ST.68/2008 of J.M.F.C.-II, VADAKARA .................... PETITIONER/ACCUSED: ------------------------------- JESSY BABY, AGED 46 ,W/O BABY RESIDING AT 358 A, PATTUPURAYIL HOUSE, KARIMANA POST, PALAKKUZHA,MUVATTUPUZHA. BY ADV. SRI.A.P.SUBHASH RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. M/S MAHINDRA AND MAHINDRA FINANCIAL SERVICE LTD., REGD OFFIC AT GATEWAY BUILDING, APPOLLO BUNDER, MUMBAI, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, MR. NISHANTH BALAGOPAL, MANAGER, VADAKARA BRANCH, VATAKARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl.)No. 56 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. According to the petitioner all transactions took place in the branch of the complainant at Ernakulam initially and later at the branch at Muvattupuzha after the said branch was opened. There was no transaction whatsoever for the petitioner with the branch of the complainant at Vatakara and the complaint has been filed at Vatakara without any justifiable cause. The fact that the cheque was presented for collection through a bank at Vatakara or that the notice was issued by a counsel at Vatakara shall not confer jurisdiction in the Vatakara court to deal with the matter, submits the counsel. The learned counsel for the petitioner, in these circumstances, prays that the case may be transferred to the Court at Ernakulam. 2. The respondent, though served, has not entered appearance. I am satisfied, after considering all the relevant circumstances, that the transfer can be directed as prayed for. Tr.P.(Crl.)No. 56 of 2008 2 3. In the result: a) This transfer petition is allowed. b) S.T. 68 of 2008 pending before the J.F.M.C.-II, Vatakara is transferred to the Court of the J.F.M.C.-I, Ernakulam. c) Communicate copy to both the courts. The J.F.M.C.-II, Vatakara shall forthwith transmit the records to the transferee court and shall direct the complainant to appear before that court on 20.10.2008. The parties shall appear before the transferee court on that day. (R. BASANT) Judge tm