IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Tr.P(Crl.).No. 93 of 2008() --------------------------- ST.3699/2005 of J.M.F.C.-II,THRISSUR .................... PETITIONER(S): --------------- GIREESH K, AGED 24 YEARS, S/O. PARAMEELA, PAYYAPANDA HOUSE, POOKAYIL P.O., TIRUR,MALAPPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): --------------- 1. MANAPPURAM GENERAL FINANCE AND LEASING LTD., MANAPPURAM HOUSE, VALAPPAD P.O., THRISUR DIST, REPRESENTED BY MR. A. UNNIKRISHNAN, AGED 41 YEARS, THE JUNIOR ASSISTANT TO THE COMPANY. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM SRI.C.VALSALAN FOR R1 SRI.K.RAKESH ROSHAN FOR R1 SMT.THUSHARA.V FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Tr.P.Crl.No.93 of 2008 ---------------------------------------- Dated this the 28th day of January 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. According to the petitioner, the entire transaction took place within the jurisdiction of Tirur police station with a branch of the complainant at Tirur. The complaint has been filed before the learned J.F.C.M-II Thrissur solely on the basis of the assertion that the collection bank is the Dhanalakshmi Bank Limited at Thrissur. Solely on this assertion, jurisdiction is conferred to the learned J.F.C.M-II, Thrissur. 2. The learned counsel for the petitioner submits that in the light of the decision in Santhoshkumar v. K.G.Mohanan [2008(3) KLT 461], the averments in the complaint are insufficient to confer jurisdiction on the learned J.F.C.M-II Thrissur. The learned counsel for the respondent accepts this submission and I am satisfied that, in the nature of the averments in the complaint, the transfer prayed for is absolutely justified. Tr.P.C.No.93/08 2 3. In the result, a) This transfer petition is allowed. b) S.C.No.3699/05 pending before the learned J.F.C.M-II Thrissur is transferred to the court of the learned J.F.C.M, Tirur. c) Parties shall appear personally or through counsel before the transferee court without waiting for any further directions on 24/2/2009. Considering the long pendency of the matter, the learned J.F.C.M Tirur shall proceed to dispose of the case as expeditiously as possible, at any rate, within a period of four months from the date of appearance. 4. The learned J.F.C.M-II, Thrissur shall forthwith transmit records to the learned J.F.C.M, Tirur such that the records shall be available before court on 24/2/2009. Hand over copy of this order to the learned counsel for the petitioner. Communicate copy to both courts. Compliance shall be reported to this court. (R.BASANT, JUDGE) jsr Tr.P.C.No.93/08 3 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008