IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Tr.P(Crl.).No. 59 of 2008() --------------------------- CC.235/2005 of J.M.F.C.,TIRUR .................... PETITIONER: COMPLAINANT: ------------------------ V.V.SUNDARAN, AGED 42 YEARS, VELUTHEDATHIL VALAPPIL HOUSE, KAVANCHERI, MANGALAM, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS: ACCUSED/STATE: --------------------------- 1. V.PADMAKUMAR, AGED 40 YEARS, S/O.JAYAN, A.P.M.COMPLEX, THRIKANDIYUR, TIRUR, MALAPPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER SRI.T.KRISHNAN UNNI (SR.) FOR R1 SRIC.M.MOHAMMED IQUABAL FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Tr.P.Crl.No.59 of 2008 ---------------------------------------- Dated this the 22nd day of September 2008 O R D E R The petitioner is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. That prosecution is now pending before the learned J.F.C.M, Tirur. The respondent is an advocate. He practices before that court. The petitioner apprehends that the status of the respondent/accused as a legal practitioner before that court may be an impediment to a fair trial in the case. He laments that the respondent has been taking advantage of that position and has been dragging on the matter for a long period of time now. I do not think it necessary to embark on a more detailed discussion on the acceptability of the ground raised. I am satisfied, considering the fact that the practicing lawyer faces indictment in a prosecution before the court where he practises that it will be advantageous to direct the case to be transferred to any other court convenient to the respondent also. The learned counsel for the respondent/accused does not make any concession but submits in response to a specific query by this court that the Munsiff Magistrate, Pattambi is the court nearest to the court of the Tr.P.Crl.No.59/08 2 learned J.F.C.M, Tirur in the neighbouring district. I am satisfied that directions can be issued to transfer the case to the court of the Munsiff Magistrate, Pattambi. 2. In the result, a) This petition is allowed. b) C.C.No.235/2005 pending before the learned J.F.C.M, Tirur is transferred to the court of the Munsiff Magistrate, Pattambi. c) The learned J.F.C.M, Tirur shall forthwith forward the records to the Munsiff Magistrate, Pattambi and the parties shall appear before the court of the learned Munsiff Magistrate, Pattambi on 06/10/2008 without waiting for any further notice. The learned Munsiff Magistrate, Pattambi shall ensure that the case is disposed of as expeditiously as possible at any rate, within a period of two months from 06/10/2008. Needless to say, the respondent/accused can apply for exemption from personal appearance under Section 205 Cr.P.C. (R.BASANT, JUDGE) jsr Tr.P.Crl.No.59/08 3 Tr.P.Crl.No.59/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008