IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Tr.P(Crl.).No. 90 of 2008() ----------------------------------- CC.41/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS-VI (SPL. FIRST CLASS MAGISTRATE FOR THE TRIAL OF MARADU CASES), KOZHIKODE. .................... PETITIONER/IST ACCUSED -------------------------------------- SISUPALAN, S/O.CHELLAPPAN NAIR, 'KARTHIKA', GOKULA STREET, KERALAPURAM VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. MR.SANTHEEP ANKARATH MR.T.P.RAMACHANDRAN (THACHETH) RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SI OF POLICE, PANNIYANKARA POLICE STATION, KOZHIKODE DISTRICT. 2. VASUDEVAN, S/O.POKKAN, PROPRIETOR, "VAS WOOD INDUSTRIES", EAST KALLAYI, KOZHIKODE. * ADDL. R3 IMPLEADED ADDL. R3: MAMMU, AGED 65 YEARS, MUTHAYANAKANDI PARAMBU, IN FRONT OF KANNANCHERRI MUJAHID PALLI, KANNANCHERRI, PANNIYANKARA, KOZHIKODE (PANNIYANKARA P.S.L.). * IS IMPLEADED AS ADDITIONAL THIRD RESPONDENT AS PER ORDER DATED 12/02/2009 IN CRL.MA.NO.796/2009. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R2 BY ADV. MR.T.R.RAVI, MR.P.S.MURALI. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR, J. ================== T.P.(CR) No. 90 of 2008-F ================== Dated this the 12th day of June, 2009. O R D E R First accused in C.C.No.41/2008 on the file of Judicial First Class Magistrate Court-VI, Kozhikode, filed this petition to transfer the case to Judicial First Class Magistrate Court, Chittoor, where S.T.No.1318/2007 filed by the petitioner, taken cognizance by the Magistrate on the complaint against second respondent as the accused, is pending. 2. Learned Counsel appearing for petitioner and second respondent were heard. 3. The argument of the learned Counsel appearing for the petitioner is that the dispute with regard to the dishonoured cheque is to be decided by the Magistrate at Chittoor and the correctness of the alleged cheating, which is to be decided by the Magistrate at Kozhikode and both cases are to be settled on the same evidence, and so both the cases are to be tried by the same court and therefore T.P.(CR) No.90/2008. -2- case being tried at Chittoor is to be transferred to Kozhikode. 4. Learned Counsel appearing for the second respondent pointed that the entire evidence in the case at Chittor is over and what remains is only hearing the parties and pronouncement of the judgment. In such circumstances, I do not find it necessary to transfer C.C.No.41/2008 pending before Judicial First Class Magistrate Court-VI, Kozhikode to Judicial First Class Magistrate Court, Chittoor as sought for. It is made clear that Judicial First Class Magistrate, Chittor, to dispose S.T.No.1318/2007 without further delay and he need not wait for the disposal of C.C.No.41/2008 pending before Judicial First Class Magistrate Court-VI, Kozhikode. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr