IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36744 of 2008(Y) -------------------------------------- (CRL.M.P (T) NO.5537/08 OF SESSIONS COURT, ERNAKULAM, S.T.343/2004 OF J.F.C.M.-III, KOCHI) .................... PETITIONER: ------------------- K.R. DEEPTHI, PULIKKAPARAMBIL HOUSE, THEKKUM BHAGAM, THRIPUNITHURA. BY ADV. SRI.R.KRISHNA RAJ. RESPONDENTS: ----------------------- 1. JOHNY THOMAS, PROP. KITHOLIL SUPER MARKET, JANJAR.P.O., THODUPUZHA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR. BY GOVT. PLEADER SRI. GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 36744 of 2008 Y - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of December, 2008 JUDGMENT The petitioner faces indictment in a prosecution for the offence punishable under Section 138 of the N.I. Act. Complaints under Section 138 of the N.I. Act were filed against him before various courts by the complainants. As per common order dt. 2.6.2005 in Tr.P.(Crl) No.71 of 2004 and connected cases another Bench of this Court has directed that all such prosecutions under Section 138 of the Act be transferred to the Court of Addl. Chief Judicial Magistrate, Ernakulam. 2. One of such complaints is pending before the J.F.M.C.- II, Kochi as S.T. 343 of 2004. For the same reasons which are referred to in the order dt. 2.6.2005 passed by this Court, that case is also liable to be transferred to the Court of Addl. C.J.M., Ernakulam, submits the learned counsel for the petitioner. He filed an application before the Sessions Court as Crl.M.P. (Tr.) 3991 of 2008. The same was admitted. Notice was ordered and W.P.C.No. 36744 of 2008 2 interim stay was granted. But as the counsel, on account of persons reasons, could not take necessary steps for issue of notice to the respondent/complainant. That transfer petition was dismissed for default, it is submitted. 3. The petitioner promptly filed another application for transfer as Crl.M.P. (Tr.) 5537 of 2008 repeating the request for transfer. That petition was received on file. There was an application for an interim stay also. The learned Sessions Judge ordered notice in the transfer petition and did not issue any interim direction. Consequently attempts are now being made to execute the coercive processes issued against the petitioner. 4. The petitioner has come to this Court with a short prayer that pending disposal of Crl.M.P.(Tr.) 5537 of 2008, there may be a direction that the coercive processes issued against the petitioner shall not be executed. The petitioner undertakes to appear before the learned Magistrate through counsel. It is submitted that the petitioner, a woman, have given birth to a child on 17.9.2008 and in these exceptional circumstances such a direction may be issued in this petition. W.P.C.No. 36744 of 2008 3 5. I have considered all the relevant inputs. In the peculiar facts and circumstances of this case, I am satisfied that this writ petition can be allowed and appropriate directions issued. I am satisfied that it is not necessary to wait for issue and return of notice to the respondent for the disposal of this writ petition. 6. This writ petition is allowed. A direction is issued that the coercive processes issued against the petitioner in S.T.343 of 2004 pending before the J.F.M.C.-II, Kochi shall not be executed and proceedings in S.T. 343 of 2004 shall stand stayed until Crl.M.P.(Tr.) 5537 of 2008 is disposed of by the learned Sessions Judge, Ernakulam. The learned Sessions Judge shall make every endeavour to expeditiously dispose of the said Crl.M.P.(Tr.) No.5537 of 2008. 7. Issue copy of the judgment today itself. (R. BASANT) Judge tm