IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Tr.P(Crl.).No. 52 of 2007() ------------------------ ST.851/2006 OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR ................................................................................ PETITIONER / ACCUSED IN ST.NO.851/2006 : ------------------------------------------------------------- THOMAS.K.J., AGED 35 YEARS, S/O.JOSEPH, KOCHUKUNNEL HOUSE, BOOTHANAM, VELLYAMBAM P.O., PULPALLY, BATHERY. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENTS / COMPLAINANT IN ST. 851/2006 AND STATE: -------------------------------------------------------------------------------------- 1. MANAPPURAM GENERAL FINANCE AND LEASINGLTD., MANAPPURAM HOUSE, VALAPAD P.O., THRISSUR DISTRICT,HAVING BRANCH OFFICE AT KALPETTA REPRESENTED BY SMT.SHINY JOSEPH, THE ASSISTANT MANAGER (LEGAL) TO THE COMPANY, AGED 34 YEARS. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.K.MANOMOHANAN R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ...2/- Tr.P(Crl.).No. 52 of 2007 -2- ORDER ON CRL.MA. NO. 3465/10 IN TPCR NO. 52/2007 DISMISSED 15/09/2010 SD/- M. SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE Mn M.SASIDHARAN NAMBIAR,J. =========================== Tr.P(Crl.)No. 52 OF 2010 =========================== Dated this the 15th day of September,2010 ORDER Petitioner the accused in S.T.851/2006 on the file of Judicial First Class Magistrate's Court-III, Thrissur filed this petition to transfer the case to Judicial First Class Magistrate's Court-II, Sulthan Bathery contending that entire transaction has taken place within the jurisdiction of Judicial First Class Magistrate's Court, Sulthan Bathery and not within the jurisdiction of Judicial First Class Magistrate's Court,Thrissur. It is also contended that petitioner is not in a position to defend the case by travelling 300 kms. away from his place and for the convenience of the parties and the witnesses, the case is to be transferred to Sulthan Bathery. It is also contended that C.C.44/2007 is pending before Tr.P(Crl)52/2010 2 the Judicial First Class Magistrate's Court- II,Sulthan Bathery in respect of the autorikshaw which was hypothecated and taken away by the first respondent and it is necessary to try both the cases together. First respondent opposed the application for transfer contending that Judicial First Class Magistrate's Court, Thrissur has jurisdiction to try the case and part of cause of action has arisen within the jurisdiction of Judicial First Class Magistrate's Court, Thrissur. 2. Learned counsel appearing for the petitioner and learned counsel appearing for first respondent were heard. 3. The question whether Judicial First Class Magistrate's Court, Thrissur has jurisdiction to try the case or not canvassed by the petitioner is not to be decided in an application for transfer on the facts of the case. That is a matter to be decided by the concerned Magistrate while trying the case. Therefore on the ground of want of jurisdiction, the case cannot be transferred as Tr.P(Crl)52/2010 3 sought for. 4. But it is admitted case that the first respondent has a Branch Office at Kalpetta Annexure B the details of the hypothecation statement in respect of the transaction entered into by the petitioner with the first respondent was issued from Kalpetta Branch office of the first respondent Company. Petitioner is a resident of Pulpally within the jurisdiction of Judicial First Class Magistrate's Court, Sulthan Bathery. If petitioner is to defend the case at Judicial First Class Magistrate's Court, Thrissur there is force in the submission of the petitioner that he has to travel a distance of more than 300 kms. It would cause only difficulty to the petitioner. At the same time as first respondent, a Private Limited Company is having a Branch office at Kalpetta. Hence even if the case is transferred to Sulthan Bathery, it will not cause any difficulty to the first respondent. It would only help the witnesses as the witnesses need not travel to Thrissur. In Tr.P(Crl)52/2010 4 such circumstances, in the interest of justice, S.T.851/2006 on the file of Judicial First Class Magistrate's Court-III, Thrissur is transferred to Judicial First Class Magistrate's Court-II, Sulthan Bathery. But the case cannot be tried jointly with C.C.44/2007 as sought for. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006