IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Tr.P(Crl.).No. 96 of 2008() --------------------------- ST.4840/2007 of J.M.F.C.,KOTTAYAM .................... PETITIONER(S): --------------- RAJAMANY, W/O.ARJUNAN ELW 21/386, SIVADHANUS AVALOOKKUNU PO., ALAPPUZHA. BY ADV. SRI.B.PRAMOD SRI.GEORGE MATHEWS RESPONDENT(S): --------------- 1. SREE GOKULAM CHIT AND FINANCE CO.PVT. LTD. WITH ITS CENTRAL OFFICE AT NO.66, ARCOT ROAD, KODAMPAKKOM, CHENNAI-600024 IS HAVING ONE OF ITS BRANCH OFFICE, PRAKKATTU BUILDING'1ST FLOOR, CENTR AL JN, KOTTAYAM REP. BY ITS AUTHORISED AGENT K.N.RAJESH. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KRERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Tr.P.Crl.No.96 of 2008 ---------------------------------------- Dated this the 3rd day of February 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. The complainant is a company and according to the petitioner, all transactions between him and the company were with the branch of the company at Alappuzha. The drawee bank, the collecting bank and the residence of the petitioner as also the branch of the complainant with which the petitioner was dealing in the transaction are all at Alappuzha, within the jurisdiction of the learned Chief Judicial Magistrate, Alappuzha. But with the sole purpose of vexing and harassing the petitioner, complaint has been filed before the learned J.F.C.M-III, Kottayam by the complainant as the complainant has an office there at Kottayam. It is, in these circumstances, prayed that the case may be ordered to be transferred to the learned Chief Judicial Magistrate , Alappuzha. 2. Notice has been served on the respondent. There is no appearance for the respondent. I must reckon that the Tr.P.Crl.No.96/2008 2 respondent/ complainant has no objection against the prayer for transfer. I am satisfied that the prayer can be allowed. 3. In the result, a) This transfer petition is allowed. b) S.T.No.4840/2007 pending before the learned J.F.C.M-III, Kottayam is transferred to the court of the learned C.J.M, Alappuzha. c) The learned Magistrate shall direct the parties to appear before the learned Chief Judicial Magistrate Alappuzha on 10/03/2009. Parties shall appear before the learned Chief Judicial Magistrate, Alappuzha on that day without waiting for any further directions from any court. d) The learned Chief Judicial Magistrate, Alappuzha shall make every endeavour to dispose of the case as expeditiously as possible, at any rate, within a period of three months from 10/03/2009. 4. Communicate copy of this order to both courts. (R.BASANT, JUDGE) jsr Tr.P.Crl.No.96/2008 3 Tr.P.Crl.No.96/2008 4 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008