IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Tr.P(Crl.).No. 10 of 2009() ------------------------------------- ST.NO.1075/2007 OF JFCM COURT, MUVATTUPUZHA .............. PETITIONER(S): ----------------------- MATHEW, S/O. VARKEY, AGED 62, THAIKATTU HOUSE, 1000 ACRE, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK. BY ADV. MR.T.I.ABDUL SALAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. N.P. PAULOSE, S/O. PHILIPOSE, NEDUVILEDATHU HOUSE, ONAKOOR ACHANPOTTI KARA, ONAKOOR VILLAGE, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB R2 BY ADV. MR. K.K.VIJAYAKUMAR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/03/2009 ALONG WITH TRP(CRL.)NO.19 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== Tr.P(CRL.) Nos.10 & 19 OF 2009 ===================== Dated this the 23rd day of March 2009 ORDER These petitions are filed for transfer of cases pending before the Judicial I Class Magistrate Court-II, Muvattupuzha as C.C.No.4 of 2009 and before the Judicial I Class Magistrate Court, Adimali as CC No.13 of 2008 to the Judicial I Class Magistrate Court-I, Muvattupuzha. The reason for transfer of the case from Adimali to Muvattupuzha is on the ground that the accused therein is suffering from serious medical problem and he is unable to withstand the journey. I had perused the documents and I am satisfied that he is having serious health problems besides the fact that he is aged almost past 75 by this time. A perusal of the medical report would reveal that he requires constant medical attention and the strain may cause impact on his health. The reason stated in the other case for transfer is that the case before the other court requires joint consideration by one court. 2. From the nature of the contentions, it is certain that the case has to be considered by one and the same court. As I have stated earlier the request by the accused in C.C.No.13 of 2008 for transfer is mainly based on TR.P.(CRL) 10 & 19/2009 -:2:- medical grounds which are supported by cogent documents. Learned counsel brought to my notice that the court where Section 138 petition is pending is a Munsiff's Court and the power is conferred only to try Section 138 of the Negotiable Instruments Act cases. Since the case before the Judicial I Class Magistrate Court, Adimali takes in Section 420, Section 465, etc. it may not be possible for the Judicial I Class Magistrate Court-II, Muvattupuzha to try that case. Therefore appropriate orders that can be passed is to transfer both the cases, i.e. C.C.No.13/2008 pending before the Judicial I Class Magistrate Court, Adimali and C.C.No.4 of 2009 pending before the Judicial I Class Magistrate Court-II, Muvattupuzha to the Judicial I Class Magistrate Court-I, Muvattupuzha for proper trial and disposal. The expenses that have to be incurred by the witnesses in C.C.No.13 of 2008 of the Judicial I Class Magistrate Court, Adimali have to be borne by the accused in that case for the reason that it is on his medical ground the case is transferred out of the said court. Therefore Tr.P.C.Nos.10 & 19 of 2009 are disposed of as follows:(1) C.C.No.13 of 2008 pending before the Judicial I Class Magistrate Court, Adimali and C.C.No.4 of 2009 pending before the Judicial I Class Magitrate Court-II, Muvattupuzha are transferred to Judicial I Class Magistrate Court-I, Muvattupuzha for trial and disposal. (2) The expenses TR.P.(CRL) 10 & 19/2009 -:3:- for the witnesses involved in C.C.No.13 of 2008 of Judicial I Class Magistrate Court, Adimali have to be borne by the accused therein, as the transfer is at his request and (3) if the transfer petitioner in Tr.P.(CRL) No.10 of 2009 wants to move an application for exemption under Section 205 Crl.P.C. he is at liberty to do so. The learned Magistrate is directed to consider the same sympathetically and pass appropriate orders. M.N.KRISHNAN, JUDGE Cdp/-