IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Crl.MC.No. 563 of 2010(C) ------------------------------------ [CRL.MP.NO.3280/2009 OF SESSIONS COURT, KOLLAM] .................... PETITIONER/PETITIONER: ------------------------------------- K.B.MOHANAN, STORE KEEPER, VELLOOR NEWSPRINT FACTORY LTD., HNL COLONY, QUARTERS NO.119/473, NEWSPRINT NAGAR, VELLOOR, PIRAVAM, KOTTAYAM. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.P.K.SUNIL KUMAR. RESPONDENTS/COMPLAINANST: ------------------------------------------------- 1. PRASANNA KUMAR.T., D/O.THANKAMMA AMMA, SIVAKRIPA, NEENDAKARA P.O., KOLLAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.563 OF 2010 ------------------------------------------ Dated 25th March 2010 O R D E R Petitioner is the accused in S.T.71/2009 on the file of Judicial First Class Magistrate-III, Kollam. First respondent is the complainant. Learned Magistrate has taken cognizance for the offence under Section 138 of Negotiable Instruments Act. Petitioner filed C.M.P.3280/2009 before Sessions court, Kollam to transfer S.T.71/2009 from Judicial First Class Magistrate-III, Kollam to Judicial First Class Magistrate, Sasthamkotta contending that C.C.418/2007 and 1232/2006 pending before Judicial First Class Magistrate, Sasthamkotta are in respect of same matter and therefore, case Crmc 563/10 2 is to be transferred to that court. By Annexure-IV order, learned Sessions Judge dismissed the petition finding that allegations in the cases being tried at Sasthamkotta and at Kollam are different. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-IV order and to get S.T.71/2009 to be transferred to Judicial First Class Magistrate, Sasthamkotta. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that as seen from Annexure-II final report witnesses to be examined in both cases is same and the case of the petitioner in both the cases is one and same and hence both are to be tried by the same court. 4. On hearing the learned counsel and Crmc 563/10 3 going through Annexures-II and IV orders and final report taken cognizance by the learned Magistrate, I find no reason to quash Annexure- IV order, refusing to transfer S.T.71/2009 from Judicial First Class Magistrate-III, Kollam to Judicial First Class Magistrate, Sasthamkotta. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.