IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Tr.P(Crl.).No. 89 of 2008(F) ------------------------------------- ( STC.143/2008 PENDING BEFORE JFCM. COURT,PAYYANNUR TO JFCM COURT, AMBALAPUZHA) .................... PETITIONER/ ACCUSED: ----------------------------------- SATHEESHKUMAR, AGED 46 YEARS, S/O.RAMAKRISHNA PILLA, THATTARUPARAMBIL, NEERKUNNAM, AMBALAPUZHA, ALAPPY. BY ADV. SRI.A.T.ANILKUMAR. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JAGATHEESHAN, S/O.PURUSHOTHAMAN PILLA, THEVARUNADA, NEERKUNNAM, AMBALAPUZHA. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R2 BY SRI.BLAZE K.JOSE. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Tr.P.(Cri)No. 89 of 2008 ------------------------------------------------- Dated this the 12th day of January, 2009 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. The transaction took place at Alapuzha. The cheque was issued at Alapuzha. The cheque was presented for collection before a bank at Pariyaram. It was presented before the drawee bank at Alapuzha. It was dishonoured. The complainant, who resides at Pariyaram working as E.C.G. Technician at the Pariyaram Medical College, issued a notice of demand at his place of residence to the accused. Payment was not made. Thereafter, prosecution was launched before the learned JFCM, Payyannoor. 2. The petitioner has come to this Court complaining that the complainant has chosen to initiate proceedings before the Tr.P.(Cri)No. 89 of 2008 -: 2 :- learned Magistrate at Payyannoor with the sole intention of vexing and harassing the petitioner. The learned counsel relies on the admitted fact that a civil suit claiming recovery of the very same amount has been launched before the Court of the Subordinate Judge at Alapuzha. 3. The learned counsel for the petitioner relies on the decisions in Ahammedkutty Haji v. State of Kerala (2007 (1) KLT 68) and Santhosh Kumar v. Mohanan (2008 (3) KLT 461). The learned counsel submits that, at any rate, the mere fact that the cheque is presented for collection before the complainant's bank at Payyannoor or that a notice of demand has been issued by the counsel at Payyannoor cannot confer jurisdiction on the court at Payyannoor to deal with the subject matter. Even assuming that the court at Payyannur has jurisdiction, this is an eminently fit case where transfer must be directed to a court at Alapuzha where the civil suit has already been launched before the court at Alapuzha. 4. The learned counsel for the respondent/complainant submits that notwithstanding the decisions in Ahammedkutty Haji v. State of Kerala (2007 (1) KLT 68) and Santhosh Kumar v. Mohanan (2008 (3) KLT 461), the court at Payyannoor must be held to have jurisdiction inasmuch as it is Tr.P.(Cri)No. 89 of 2008 -: 3 :- not disputed that the complainant is residing at Pariyaram in connection with his employment at the Pariyaram Medical College for the last so many years. 5. It is not necessary to delve deeper into the question whether the residence of the complainant at Payyannoor would confer jurisdiction on the court at Payyannoor to deal with the subject matter of this prosecution under Sec.138 of the N.I. Act. I take note of the admitted circumstances that the transfer had taken place at Alapuzha; the cheque was issued at Alapuzha; the cheque was presented before the drawee bank at Alapuzha and that the civil suit for the identical claim is launched before the court at Alapuzha by the complainant. I am, in these circumstances, satisfied that the interests of justice would be eminently served by directing the transfer of the case to the court of the JFMC, Ambalapuzha. 6. In the result: (a) This petition is accordingly allowed. (b) S.T.No.143/08 pending before the learned JFCM, Payyannoor is transferred to the Court of the JFCM, Ambalapuzha. (c) The learned JFCM, Payyannoor, shall forth with transmit the records to the court of the JFCM, Ambalapuzha. Tr.P.(Cri)No. 89 of 2008 -: 4 :- Such records shall be made available before that court on 16/2/09. Parties shall appear before that court without any further notice from that court. (d) The complainant shall be permitted to appear through counsel and his personal presence need be insisted only if such presence is required for making further progress in the case. (e) The learned JFCM, Ambalapuzha, shall ensure that the case is disposed of as expeditiously as possible – at any rate, within a period of 60 days from 16/2/09. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.(Cri)No. 89 of 2008 -: 5 :-