IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Tr.P(Crl.).No. 5 of 2008() -------------------------- STC NO.443/07 OF THE CJM COURT, TRIVANDRUM. PETITIONER(S): ACCUSED ---------------------- P.RAJAN, V.K.HOUSE, PERINGALAM, THILLANGERI P.O., ALAYAD DESOM, IRITTY, KANNUR. BY ADV. SRI.V.RAJAGOPAL RESPONDENT(S): COMPLAINANT -------------------------- 1. SIBY VETTOM, S/O CRESCENT, MEDICAL COLLAGE P.O., THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 5 of 2008 ------------------------------------------------- Dated this the 26th day of September, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. That prosecution is now pending before the learned Chief Judicial Magistrate, Trivandrum. The case was once transferred to the list of Long Pending Cases. The same has now been recalled from the list of Long Pending Cases and has been assigned number as S.T. No.443/07. Earlier, the same was pending on the file as C.C. No.177/99 and later, the same was transferred to the list of Long Pending Cases as L.P.No.46/00. 2. It is at this juncture that the petitioner has come before this Court with a prayer to transfer the case from the learned CJM, Trivandrum, to any court of competent jurisdiction in Thalassery Sessions Division. Tr.P.(Cri) No. 5 of 2008 -: 2 :- 3. Notice has been served on the respondent/complainant. There is no appearance for the respondent/complainant. 4. I have considered the prayer for transfer. The averments in the complaint would show that the court in Trivandrum is claimed to have jurisdiction only on the basis of the fact that the cheque was presented for collection through the State Co-operative Bank, Statute Branch, Trivandrum. No other averments are made to show that the learned CJM, Trivandrum, has territorial jurisdiction to deal with the matter. 5. As per the decision in Santhosh Kumar v. Mohanan (2008 (3) KLT 461), it is now settled that the courts at the venue where the collecting bank is situated cannot entertain jurisdiction in a prosecution under Sec.138 of the N.I. Act. I am, in these circumstances, satisfied that the prayer for transfer is justified. There is no representation for the respondent/ complainant. This application is not opposed. 6. This petition is, in these circumstances, allowed. S.T.No.443/07 pending before the learned CJM, Trivandrum, is transferred to the learned Judicial Magistrate of the First Class, Mattannur. The learned CJM, Trivandrum, shall forthwith transmit the records to the learned Judicial Magistrate of the First Class, Mattannur, and shall direct the parties to appear Tr.P.(Cri) No. 5 of 2008 -: 3 :- before that court on 10/11/08. The parties shall appear before the learned Judicial Magistrate of the First Class, Mattannur, on that date. The warrant of arrest issued against the petitioner shall not be executed till that date and the petitioner shall be at liberty to appear before the learned Judicial Magistrate of the First Class, Mattannur, on 10/1/08 either personally or through pleader. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge