IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Tr.P(Crl.).No. 42 of 2008() --------------------------- ST.1278/2005 of J.M.F.C.-IV, KOCHI .................... PETITIONER: ACCUSED ------------ RAVI.K.R.35/592, RAGAMANI MANDIR JAINIMEDU, OLAVAKKODE ROAD PALAKKAD BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: ------------- 1. ICICI BANK LTD., TELMA COMPLEX ROUND SOUTH, THRISSUR, REP. BY MOOSAKUTTY 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Tr.P.(Crl.). No.42 of 2008 ------------------------------------- Dated this the 8th day of July, 2008 ORDER Notice has been given to the learned counsel for the 1st respondent appearing before the court below. I am satisfied that the service is sufficient. 2. The learned counsel for the petitioner/accused asserts and I am satisfied that in the light of the judgment in Ahammedkutty Haji v. State of Kerala [2007(1) KLT 68], the courts at Ernakulam have no jurisdiction and the courts at Palakkad or Trichur have jurisdiction to deal with the matter. I am satisfied, in these circumstances, that the prayer for transfer can be allowed. The learned counsel for the petitioner points out that under identical circumstances, another case between the parties to this petition has already been transferred as per order dated 07.06.07 in Crl.M.C No.719 of 2007. Identical orders can be issued in this Transfer Petition also, I am satisfied. 3. In the result: i) This Transfer Petition is allowed; Tr.P.(Crl.). No.42 of 2008 2 ii) S.T.1278 of 2005 pending before the Judicial Magistrate of the First Class-IV, Kochi is transferred to the court of the learned Chief Judicial Magistrate, Palakkad. 4. The learned Judicial Magistrate of the First Class-IV, Kochi shall forthwith transmit records to the C.J.M, Palakkad and shall direct the parties to appear before that court on 04.08.08 to continue the proceedings. Records must reach the transferee court by that date. (R.BASANT, JUDGE) rtr/-