IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Tr.P(Crl.).No. 42 of 2010() --------------------------- CC.741/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT (E.O),ERNAKULAM .................... PETITIONER/ACCUSED ---------------------------------- DR.P. STANLEY JONES, AGED 60 YEARS, S/O.JONES, 'SEILOW', DR.STANLEY'S HOSPITAL, UTHIYANKULANKARA, AMARAVILA, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP, SRI.V.VIJULAL. RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT.LALITHA NEIL, W/O.NEIL JOHNS, NEIL BHAVAN, PARUTHIPARA, MUTTADA P.O., THIRUVANANTHAPURAM, PIN-695 025. R1 BY PUBLIC PROSECUTOR MR.C.M. KAMMAPPU. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Tr.P (Crl.)No.42 OF 2010 -------------------------------------- Dated this the 4th day of August, 2010 ORDER Petitioner, who is the accused in C.C.No.741/2008 on the file Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam, which is a prosecution under Section 138 of the Negotiable Instruments Act, seeks a transfer of the case to any of the Magistrates Courts at Vanchiyoor or to J.F.C.M Court-II, Neyyattinkara within whose limits the transaction took place and statutory notice was received. 2. The case of the petitioner is that the Ernakulam Magistrate, who has taken cognizance of the offence has no territorial jurisdiction to try the case. The petitioner can raise his objections before that Court in writing within two weeks from today and in case such an objection is raised, the learned Magistrate shall consider the same and pass appropriate orders before the proceedings further in C.C.No.741/2008. Reserving the above right of the Tr.P (Crl.)No.42 OF 2010 : 2 : petitioner to move the learned Magistrate, this Transfer Petition (Crl.) is closed. The learned Magistrate shall not insist on the personal appearance of the petitioner for taking on file the written objection regarding jurisdiction and for deciding the said objection. V.RAMKUMAR, JUDGE dmb