IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Tr.P(Crl.).No. 82 of 2009() ------------------------------------ ST.2/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, OTTAPPALAM .................... PETITIONER/ACCUSED --------------------------------- ALEX PAUL, S/O.PAUL, CHIRAYATH HOUSE, CHEMPUKKAVU VILLAGE, THRISSUR TALUK. BY ADV. MR.DINESH MATHEW J.MURICKEN RESPONDENTS/COMPLAINANT AND STATE ---------------------------------------------------------------- 1. T.K. UDAYAPRAKASHAN, S/O.KUNJUNNI, THONIYIL VEETTIL, PAINKULAM DESOM, CHERUTHURUTHI VILLAGE, THALAPPILLI TALUK. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.K.A.SREEJITH. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== Tr.P(Crl).No. 82 OF 2009 =========================== Dated this the 23rd day of November,2009 ORDER Petitioner is the accused and first respondent the complainant, in S.T.2/2009 on the file of Judicial First Class Magistrate Court-II, Ottapalam taken cognizance for the offence under section 138 of Negotiable Instruments Act on the complaint filed by the first respondent. This petition is filed to transfer the case to Chief Judicial Magistrate Court, Thrissur contending that both petitioner and first respondent are the residents of Thrissur District and a suit for realisation of the amount filed by first respondent is pending before Sub Court, Thrissur. Learned counsel appearing for the petitioner submitted that in such circumstance the case be transferred to Chief Judicial Magistrate Court, Thrissur. 2. Learned counsel appearing for first respondent submitted that the suit which was pending before Sub Court, Thrissur was decreed and now an appeal is pending. Learned counsel submitted that first respondent has no objection for the transfer and this Tr.P(Crl) 82/2009 2 may not be taken as a precedent. 3. In view of the fact that petitioner and first respondent are residents of Thrissur District and first respondent did not object to the transfer, the petition is allowed. S.T.2/2009 on the file of Judicial First Class Magistrate Court-II, Ottapalam is transferred to Chief Judicial Magistrate Court, Thrissur. Judicial First Class Magistrate Court, Ottapalam is directed to transfer the entire records to Chief Judicial Magistrate Court, Thrissur. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006