IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Tr.P(Crl.).No. 4 of 2010() ---------------------------------- CC.25/2008 of J.M.F.C., MANNARKAD, PALAKKAD .................... PETITIONER(S): ----------------------- K.K.ABDUL SALAM, KOLLANKANDY HOUSE, KUMMANKODE AMSOM, NADAPURAM DESOM, VATAKARA TALUK, KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): -------------------------- 1. GALFS AGRO FOOD INDUSTRIES (INDIA) PVT.LTD., ADMINISTRATIVE OFFICE, 1ST FLOOR, SANOOF PLAZA, KOOTTUPATHA, PALAKKAD-7. 2. MOHAMMED ISSAC.K.V., CHAIRMAN CUM MANAGING DIRECTGOR, GALFS AGRO FOOD INDUSTRIES (INDIA)PVT.LTD., ADMINISTRATIVE OFFICE, 1ST FLOOR, SANOOF PLAZA, KOOTTUPATHA, PALAKKAD-7. 3. AHAMED KUTTY KORANATH, DIRECTOR, GALFS AGRO FOOD INDUSTRIES (INDIA) PVT.LTD., ADMINISTRATIVE OFFICE, 1ST FLOOR, SANOOF PLAZA, KOOTTUPATHA, PALAKKAD-7. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL. R5 AND R6 IMPLEADED * ADDL.R5: EAROTH MAHAMOOD, S/O. POKKER HAJI, EAROTH VEEDU, NADAPURAM DESOM, VADAKARA TALUK, KOZHIKODE. sts TRP.CRL NO. 4/2010 ADDL.R6: POKKER HAJI, S/O. AHMED EAROTH VEEDU, NADAPURAM DESOM, VADAKARA TALUK, KOZHIKODE. * ADDITIONAL R5 & R6 IMPLEADED AS PER ORDER DATED 10/3/2010 IN CRL.MA. NO. 1197/2010. R2 BY ADV. SRI.R.RAMADAS R4 BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD R6 BY SRI.DEVAPRASANTH.P.J. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M. SASIDHARAN NAMBIAR, J. ------------------------- T.R.P.(Crl) No. 4 of 2010 -------------------------- Dated this the 13th day of December, 2010 ORDER On a petition filed by the 2nd respondent, this Court has originally transferred C.C. No. 25/2008 pending before the Judicial First Class Magistrate, Nadapuram as S.T. No.120/2008 taken cognisance for an offence under Section 138 of the Negotiable Instruments Act in T.P.(Crl.)41/2008. Second respondent challenged that order before the Honourable Supreme Court contending that when he sought transfer of S.T.No.120/08 to Judicial First Class Magistrate, Mannarkkad, C.C.No. 25/2008 should not have been transferred to Badgara. By Annexure-A3 order Honourable Supreme Court quashed the order transferring the case holding that in a petition for transfer filed by the 2nd respondent, where the prayer was to transfer S.T.No.120/08, to Judicial First Class Magistrate, Mannarkkadu, the case pending before Judicial First Class Magistrate, Mannarkkadu should not have been transferred. T.R.P.(Crl) No. 4 of 2010 2 The complainant in S.T.No.120/08 on the file of Munsiff Magistrate, Nadapuram, who is one of the accused, along with respondents 5 and 6 in C.C.No. 25/2008 filed this petition for transfer of C.C.No.25/2008 to Judicial First Class Magistrate, Nadapuram. 2. Learned counsel appearing for the petitioner, second respondent and learned public prosecutor were heard. 3. Though notice was served on respondents 5 and 6 they did not appear. 2nd respondent had in fact sought transfer of S.T.No.120/2008 to Judicial First Class Magistrate, Mannarkkadu, contending that the question to be decided in S.T.No. 120/2008 and the dispute in C.C.No. 25/2008 are to be restored by the same Court. The prayer for transfer of S.T.No. 120/2008 was rejected by this Court and it was confirmed by the Honourable Supreme Court. In such circumstances, when both the cases are to be tried and disposed by the same Court, S.T.No. 25/2008 on the file T.R.P.(Crl) No. 4 of 2010 3 of Judicial First Class Magistrate, Mannarkkadu is necessarily to be transferred to Munsiff Court, Nadapuram. Petition is allowed. S.T.No. 25/2008 on the file of Judicial First Class Magistrate, Mannarkkad is transferred to Munsiff Court, Nadapuram for disposal in accordance with law. Judicial First Class Magistrate, Mannarkkad is directed to sent the records to Judicial First Class Magistrate, Nadapuram immediately. M. SASIDHARAN NAMBIAR, JUDGE. rkc //True Copy// PA to Judge.