IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Tr.P(Crl.).No. 55 of 2008 ---------------------------------- (ST. NO. 588/2008 PENDING BEFORE THE JFMC II, ADIMALY) PETITIONER/ ACCUSED: ----------------------------------- K.R.VENUGOPAL @ VENUNADHA PILLAI, LAKSHMI NIVAS, NORTH FORTGATE, NEAR DEVI NURSING HOME, TRIPUNITHURA P.O, ERNAKULAM. BY ADV. SRI.V.PHILIP MATHEW. RESPONDENT/ COMPLAINANT/ STATE: -------------------------------------------------------- 1. MANUKUMAR.S, ADVOCATE, S/O.SREEDHARAN PILLAI, KAKKANATTU HOUSE, MUTHARAMKUNNU KARA, VENGALLOOR PO., THODUPUZHA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI FOR R2, ADV. SRI.P.VIJAYA BHANU FOR R1. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl).No. 55 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R The petitioner, who had come to this Court earlier and had obtained an order directing transfer of the case pending before the J.F.M.C.-II, Thodupuzha to J.F.M.C. Adimali with specific direction for expeditious disposal, has now come before this Court again with a further prayer that the case may be transferred from J.F.M.C. Adimali to any other court. The only reason urged is that the petitioner is unable to get the services of any counsel at Adimali. The counsel, who was appearing for him earlier, has now expressed his inability to appear, it is submitted. 2. I am not satisfied in the facts of this case that this old prosecution under Section 138 of the N.I. Act deserves to be transferred again in the light of the fact that the earlier transfer was directed considering the request of the petitioner for transfer of the case to some other court. That order having not been challenged, the prayer for further transfer is found to be without any justification. Tr.P.(Crl).No. 55 of 2008 2 3. It is submitted that the matter is posted for trial. I need only direct the J.F.M.C., Adimali to dispose of the case as expeditiously as possible as already directed, without obliging the petitioner to bring his lawyer to the court unnecessarily on repeated occasions. 4. This transfer petition is accordingly dismissed. (R. BASANT) Judge tm