IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Tr.P(Crl.).No. 67 of 2008() --------------------------- ST.294/2008 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. KERALA VYAPARI VYAVASAYI EKOPANA SAMATHI, THOLIKODU UNIT, THOLIKODU P.O., NEDUMANGADU. 2. SHEYADU, PRESIDENT, KERALA VYAPARI VYAVASAYI EKOPANA SAMATHI, THOLIKODU UNIT, THOLIKODU P.O., NEDUMANGADU. 3. S.PURUSHOTHAMAN NAIR, SECRETARY, KERALA VYAPARI VYAVASAYI EKOPANA SAMATHI, THOLIKODU P.O., NEDUMANGADU. 4. KURIAN, TREASURER, KERALA VYAPARI VYAVASAYI EKOPANA SAMATHI, THOLIKODU UNIT, THOLIKODU P.O., NEDUMANGADU. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): COMPLAINANT – STATE OF KERALA: ---------------------------------------------------------------------------------- 1. B.VIJAYAN, THEMPLACKAL, MADAPPALLY P.O., MADAPPALLY VILLAGE, CHANGANACHERRY TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.JOMY GEORGE FOR R1 BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Tr.P.(Crl).No.67 of 2008 ---------------------------------------- Dated this the 7th day of November 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The prosecution has been initiated before and cognizance has been taken by the learned J.F.C.M, Changanassery. The petitioner complains that the initiation of proceedings before the learned J.F.C.M, Changanassery is an abuse of process of court. No circumstances exist justifying initiation of proceedings before that court. All parties were carrying on their activities at Nedumangad. The complainant has later shifted his residence to Changanassery. The only circumstance alleged which can confer jurisdiction of the court at Changanassery is that the cheque was presented within the jurisdiction of that court. The learned counsel for the petitioner contends relying on the decision in Ahmedkutty Haji v.State of Kerala [2007(1) KLT 68] and Santhosh Kumar v. Mohanan [2008(3) KLT 461] that the fact that the cheque was presented within the jurisdiction of a court for collection to the collecting bank or that the notice of Tr.P.Crl.No.67/08 2 demand was issued by a counsel there, are not sufficient to confer jurisdiction on such court at a distant place to take cognizance under Section 138 of the Negotiable Instruments Act. 2. The learned counsel for the complainant relying on paragraph 5 of the complaint alleges that there has been a statement that the third accused has received notice at Madappally village within the jurisdiction of the Changanassery court. The learned counsel for the petitioner submits that factually this is incorrect and that even the address of the third accused shown in the complaint clearly shows that he also resides at Tholikkodu village at Nedumangad. I am, in these circumstances, satisfied that the case deserves to be transferred to the learned J.F.C.M, Nedumangad within the jurisdiction of which the drawee bank is situated. 3. In the result, a) This petition is allowed. b) C.C.No.294/2008 pending before the learned J.F.C.M, Changanassery is transferred to the learned J.F.C.M-I Nedumangad. Tr.P.Crl.No.67/08 3 c) Parties shall appear before the learned J.F.C.M-I, Nedumangad on 15/12/2008 without waiting for any further directions. d) The learned J.F.C.M, Changanassery shall forthwith records to learned J.F.C.M-I, Nedumangad such that the records are available before that court well prior to 15/12/2008. e) The learned J.F.C.M, Nedumangad shall dispose of that case as expeditiously as possible, at any rate, within a period of four months from 15/12/2008. 4. Communicate copy of this order forthwith to both courts. (R.BASANT, JUDGE) jsr Tr.P.Crl.No.67/08 4 Tr.P.Crl.No.67/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008