IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Crl.MC.No. 1829 of 2009() ------------------------- ST.91/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S): ACCUSED ---------------------- V.H.HAMSA, VARIYANGATTIL HOUSE, NHAMANENGADU P.O., KUNNAMKULAM, TRICHUR DISTRICT. BY ADV. SRI.A.K.CHINNAN SMT.SUSAL A. CHINNAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHIJU VARGHESE, CHEEPUNGAL HOUSE, KOOZHOOR, AIRAPURAM P.O., ERNAKULAM. R1 by PUBLIC PROSECUTOR SRI.AMJAD ALI SRI.P.V.ELIAS FOR R2 SRI.MURALI MANOHAR.R FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1829 OF 2009 ------------------------------------------ Dated 9th October 2009 O R D E R Petitioner is the accused and second respondent the complainant in S.T.91/2008 on the file of Judicial First Class Magistrate-I, Muvattupuzha taken cognizance by the learned Magistrate, for the offence under Section 138 of Negotiable Instruments Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the complaint contending that on the allegation raised in the complaint learned Magistrate at Muvattupuzha has no jurisdiction at all and if at all it can only be tried by Judicial First Class Magistrate at Chavakkad. 2. Learned counsel appearing for the second respondent submitted that in the light of the objection raised by the petitioner, second respondent has no objection for transferring the case to Judicial First Class Magistrate, Chavakkad. 3. Based on the submission made by the learned counsel appearing for the petitioner and CRMC 1829/09 2 second respondent S.T.91/2008 is transferred to the file of Judicial First Class Magistrate, Chavakkad from Judicial First Class Magistrate-I, Muvattupuzha for trial. Judicial First Class Magistrate, Muvattupuzha is directed to send the entire records in S.T.91/2008 to Judicial First Class Magistrate, Chavakkad for disposal in accordance with law. Petitioner and second respondent are entitled to raise all the contentions there. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.