IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Tr.P(Crl.).No. 48 of 2008() --------------------------- ST.675/2006 of J.M.F.C.-IX, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED: -------------------------------- 1. K.UMAIBA, W/O A.M. ABDUL MAJEED, KURUPATHVALAPPIL VEEDU, R.S. ROAD, BEHIND BREEZLODGE, OTTAPPALAM P.O., PALAKKAD DISTRICT. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P. UTHUMAN KUTTY, AMBALAPPARA, S/O SAIDALI, SURABHI, 6/418, PALATTU ROAD, OTTAPALAM, PALAKKAD. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB SMT.K.V.RESHMI FOR R2 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl.).No. of 48 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 O R D E R The petitioner is the accused in a prosecution under Section 138 of the N.I. Act. Her short grievance is that the complainant, by showing an artificial address at Trivandrum, has sought to maintain this prosecution under Section 138 of the N.I. Act at Trivandrum. No part of the cause of action has arisen at Trivandrum. The complainant, claiming to be residing at a temporary address at Trivandrum, has sought to maintain the complaint at Trivandrum. 2. Notice was issued. The respondent has entered appearance. It is admitted that the complainant has his permanent residence at Ottapalam. He was temporarily residing at Trivandrum and it is during such temporary residence that he allegedly presented the cheque at his bank at Trivandrum and which was dishonoured. I am satisfied, in these circumstances, that the transfer prayed for can be allowed in the interests of justice. Tr.P.(Crl.).No. of 48 2008 2 3. This transfer petition is allowed. S.T. 675 of 2006 pending before the J.F.M.C. – IX, Trivandrum is transferred to the Court of J.F.M.C. Ottapalam. Both parties shall appear before the J.F.M.C. Ottapalam on 15.9.2008 to continue the proceedings. The J.F.M.C.-IX, Trivandrum shall forthwith transmit the records to the J.F.M.C. Ottapalam such that the records are available before the Ottapalam court before 15.9.2008. 4. The counsel for the respondent prays that there may be a direction for expeditious disposal. I need only observe that every endeavour must be made by the J.F.M.C. Ottapalam to dispose of the case as expeditiously as possible, at any rate before 31.12.2008. Communicate copy of the order to both courts. (R. BASANT) Judge tm