IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Tr.P(Crl.).No. 39 of 2010() --------------------------- ST.655/2006 of J.F.C.M COURT - VI, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- SIVADASAN NAIR, S/O. K.VELAYUDHA PANICKER, RESIDING AT PULININNAKALAYIL VEEDU, ERATHUKULAKKADA, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): --------------- 1. PARASMAL LUNAWAT, S/O.PADAMCHAND JAIN, PROPRIETOR, DOLPHIN FINANCIAL SERVICES EKP COMPLEX,OPP: PAICO, KALLAI ROAD, KOZHIKODE. REP. BY P/A HOLDER K.GIRISHAN, S/O. BHASKARAN, AGED 54 YEARS, "GREENS", NEAR WATER TANK, PUTHIYARA.P.O., KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Tr.P(Crl).No. 39 OF 2010 -------------------------------------- Dated this the 20th day of July, 2010 ORDER Petitioner, who is the accused in S.T.No.655/2006 on the file of the J.F.C.M Court-VI, Kozhikkode, seeks a transfer of the said case to any other Court of competent jurisdiction at Kottarakkara or any other Court at Kollam District. The above case is a prosecution under Section 138 of the Negotiable Instrument Act 1881. According to the petitioner, no part of the cause of action arose within the local limits of the Kozhikkode Magistrate. The petitioner will have to raise his objections before the said Magistrate and orders sought. He cannot straight away approach this Court with a petition under Section 407 Cr.P.C. Reserving the right of the petitioner to raise all his objections before the learned Magistrate at Kozhikkode this petition is dismissed. It is only if the Magistrate does not accede to his request can he approach this Court or the Court of Session for reliefs. Reserving the right of the petitioner to raise his objections regarding jurisdiction before the trial Court, this Transfer Petition (Crl.) is dismissed. V.RAMKUMAR, JUDGE dmb