IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Tr.P(Crl.).No. 85 of 2008() --------------------------- CC.673/2007 of J.M.F.C., ADOOR .................... PETITIONER(S): ACCUSED: ----------------------------------------- ASHA SUDHARMAN, W/O.SUDHARMAN, RESIDENTS LANE, R.L.F.A.-4, NEAR GOVERNMENT U.P. SCHOOL, EDAPALLY, COCHIN. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------ 1. M.SOMASUNDHARAN, NADUVILE VEEDU, ANGADICKAL NORTH .P.O, ANGADICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR - R2 ADV. SRI.C.UNNIKRISHNAN (KOLLAM) FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - T.P.(Crl).No. 85 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. The prosecution is now pending before the J.F.M.C. Adoor. It is prayed that the case may be transferred to the Court of J.F.M.C.-I, Ernakulam. 2. According to the petitioner/accused no part of the cause of action had arisen within the jurisdiction of the Court at Adoor. Of course, it is true that the notice of demand was issued by a counsel at Adoor and the cheque was presented for collection at the complainant's bank at Adoor. In these circumstances, in view of the decision in Santhoshkumar v. Mohanan (2008 (3) KLT 461) the case may be directed to be transferred to the Court of the C.J.M., Ernakaulam, it is prayed. 3. The learned counsel for the respondent has been served. The learned counsel submits that as a matter of fact the transaction did take place at Adoor, though no averment to that T.P.(Crl).No. 85 of 2008 2 effect is made in the complaint. If this court were persuaded to order transfer the case to the Court at Ernakulam, there may be a specific direction to dispose of the case as expeditiously as possible, at any rate, within a stipulated period of time. 4. Having considered all the relevant circumstances, I am satisfied that the prayer for transfer can be allowed. I am satisfied that such a direction shall satisfy the interests of justice, no specific allegation to confer jurisdiction on the Court at Adoor having been raised in the complaint. 4. In the result: a) This transfer petitioner is allowed. b) C.C.673 of 2007 pending before the J.F.M.C. Adoor is transferred to the Court of Chief Judicial Magistrate, Ernakulam. c) The learned J.F.M.C. Adoor shall forthwith transmit the records to the Court of C.J.M., Ernakulam such that the files reach that court well prior to 5.1.2009. d) The parties/their counsel shall appear before the C.J.M., Ernakulam to proceed with the trial on 5.1.2009. T.P.(Crl).No. 85 of 2008 3 e) The learned C.J.M. Ernakulam shall ensure that the case is disposed of as expeditiously as possible – at any rate within a period of 45 days from 5.1.2009. Compliance shall be reported to this Court. f) There shall be a further direction that the personal presence of the complainant need be insisted by the learned Magistrate only when such presence is essential for the progress of the case. On all other days, he shall be permitted to appear through his counsel. (R. BASANT) Judge tm