IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Tr.P(Crl.).No. 65 of 2008() --------------------------- STC.5/2008 of JUDL.MAGI.OF 1ST CLASS,ANDROTH .................... PETITIONER(S): ACCUSED NO.3 --------------------------- TITUS.K.M, S/O. K.J.MICHELE, AGED 41 YRS KANAPALLY(H),MUPPATHADAM, ALUVA. BY ADV. SRI.P.A.MARTIN ROY RESPONDENTS / COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIDIQUAL AKBER PUTHIAPANDARAM, S/O.P.K.KIDAVU, BLOCK NO.2, KALPENI DEEP, LAKSHADEEP. PUBLIC PROSECUTOR S.U NAZAR SRI.A.RAMANATHAN FOR R2 SRI.N.RAJAGOPALAN NAIR FOR R2 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/12 /2008. THE COURT ON 04/12/2008 PASSED THE FOLLOWING: R BASANT, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ T.R.P (Crl.) 65 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 04th day of December, 2008 O R D E R The petitioner herein faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance has been taken by the learned Judicial First Class Magistrate, Andrott. According to the petitioner, the transaction took place in his residence at Aluva and no part of the cause of action had arisen within the jurisdiction of the court at Andrott. According to the complainant, the cheque was handed over by the petitioner to the complainant at Kalpeni Islands wherein the complainant permanently resides and no part of the cause action had arisen in the mainland. 2. The learned counsel for the petitioner submits that if the trial were to take place at Androott it will cause very great hardship to the petitioner. It is, hence, prayed that a direction may be issued to transfer the case to any court at Kochi. 3. This application is stoutly opposed by the learned counsel for the respondent/complainant. The counsel contends that such an order of transfer would oblige the complainant , to come over to the mainland from the island to conduct the proceedings. 4. Learned counsel for the petitioner on the other hand contends that if the petitioner were compelled to stand trial at Andrott that would virtually deny him an opportunity to effectively defend the prosecution against him. No lawyer is permanently practising at Andrott. 5. I have considered all the relevant circumstances. Admittedly, the cheque was presented for collection by the complainant before the Syndicate Bank, Willington Island, Kochi. I have further taken note of the fact that if the petitioner were to be directed to appear to stand trial at Androth without any lawyer, he will have to go Andrott on all days of posting. This would cause him great inconvenience. On the contrary, if the trial were held at Kochi, the complainant need come to Kochi only once for his examination. In the course of discussions at the Bar, the learned counsel for the petitioner readily expressed his willingness to accept the suggestion that the actual charges for voyage by ship of the respondent/complainant shall be met by the petitioner. 6. I am, in these circumstances, satisfied that, in the interests of justice, the case against the petitioner can be transferred to Judicial First Class Magistrate Court I, Kochi. Such transfer, I am satisfied, shall reserve the interests of justice ideally. In the result: (a). This transfer petition is allowed. (b). S.T. Case No. 05/08 pending before the Judicial First Class Magistrate, Andrott is transferred to the Judicial First Class Magitrate Court I, Kochi. (c). The learned Judicial First Class Magistrate, Andrott is directed to transmit the records forthwith to the Judicial First Class Magistrate Court I, Kochi and ensure that such records reach the court positively by 27.01.09. Parties/counsel shall appear before that court on 27.01.2009 (d). There shall be a further direction to the learned Judicial First Class Magistrate I, Kochi that the personal presence of the complainant shall not be insisted on any date except for recording his evidence. On all other dates, he shall be permitted to be represented by his counsel. On such day, on which the complainant has to appear the accused shall pay to him the actual charges for to and fro journey from Kalpeni to Kochi against the production of the actual bill. The learned Magistrate shall ensure that such payment is made. (e) The learned Magistrate shall make every endeavour to ensure the expeditious disposal of the case. (R BASANT, JUDGE) KMD