IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Tr.P(Crl.).No. 59 of 2007() --------------------------- CC.44/2007 of C.J.M.,THODUPUZHA .................... PETITIONER: ------------ 1. M.K.SURENDRAN, MANJALLOOR HOUSE, THODUPUZHA. 2. K.VIJAYAKUMAR, ASHOK VILLA, PAKALOMATTOM P.O., KURAVILANGAD, KOTTAYAM DIST. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENTS: ------------- 1. JANETTE PAULINE A.I., THOTTUNGAL HOUSE, KUDAYATHOOR VILLAGE AND TALUK, THODUPUZHA. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.B.RENJITH MARAR FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/06/2008 ALONG WITH TPCR.NO.96/07, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- T.P.(Crl).Nos.59 &96 of 2007 ---------------------------------------- Dated this the 10th day of June 2008 O R D E R These Tr.P.Cs are filed by the rival contestants in two prosecutions, both private complaints. The accused in the prosecution under Section 138 of the Negotiable Instruments Act pending before the Judicial First Class Magistrate Court, Pala is the complainant in the pending before the learned Chief Judicial Magistrate, Thodupuzha. While the offence under Section 138 of the Negotiable Instruments Act under one cheque is alleged in the 138 prosecution in the other prosecution, pending before the learned Chief Judicial Magistrate, Thodupuzha, the allegation is about forgery etc. committed in respect of the very same cheque. S.T.No.990/06 (138 of the Negotiable Instruments Act) is thus pending before the Judicial First Class Magistrate Court, Pala whereas C.C.No.44/07 is pending before the learned Chief Judicial Magistrate, Thodupuzha alleging commission of the offences punishable inter alia under Section 420 I.P.C. These applications have been filed by the rival contestants claiming that the cases may be transferred to the respective courts Tr.P.Crl.Nos.59 & 96 of 2007 2 convenient to them. The crux of the allegations is that the complainant in the 138 prosecution stealthily obtained the blank cheque and misused it. Both the contestants seem to agree that the trial has to be conducted before the same court. I am satisfied that such a direction shall advance the interests of justice though strictly the cases may not answer the description of a case and a counter case. But definitely the allegation in one case is the defence in the other and therefore I am satisfied that as prayed by both sides the same court can be directed to dispose of both cases. 2. The next question is in which court the trial must be directed to be held. I am satisfied that the learned Chief Judicial Magistrate, Thodupuzha can be directed to hold the trial in both cases. The learned Chief Judicial Magistrate, Thodupuzha must ensure that the trial is conducted and completed as expeditiously as possible. He must also ensure that the personal presence of the accused persons are not insisted ritualistically on all dates of posting. Except when their presence is necessary to continue with the trial of the case, such presence need not be insisted. Tr.P.Crl.Nos.59 & 96 of 2007 3 3. In the result, a) Tr.P.C.No.96/07 is allowed. S.T.No.990/06 pending before the Judicial First Class Magistrate Court, Pala is directed to be transferred to the court of the learned Chief Judicial Magistrate, Thodupuzha where C.C.No.44/07 between the parties is pending. The learned Judicial First Class Magistrate Court, Pala shall forthwith transmit the records and direct the parties to appear before the learned Chief Judicial Magistrate, Thodupuzha on 21/7/2008. b) Tr.P.C.No.59/07 is dismissed. (R.BASANT, JUDGE) jsr Tr.P.Crl.Nos.59 & 96 of 2007 4 Tr.P.Crl.Nos.59 & 96 of 2007 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007