IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Tr.P(Crl.).No. 109 of 2009() ------------------------------------- CC.265/2006 of JUDL. FIRST CLASS MAGISTRATE COURT, CHITTUR, PALAKKAD. .................... PETITIONER/ACCUSED --------------------------------- BABU, AGED 42 YEARS, S/O. SUKUMARAN RESIDING AT THODIYIL VEEDU, AYIROOR.P.O. VRKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.C.RAJENDRAN RESPONDENT/COMPLAINANT ------------------------------------------- 1. GOPAKUMAR. K.V., AGED 49 YEARS, S/O. LATE VASU PILLAI, RESIDING AT NATHAM VANDANA LAYOUR PUTHUR-POST, PALAKKAD, REP. BY HIS POWER OF ATTORNEY HOLDER BALAKRISHNAN, AGED 41 YEARS, S/O.PARAMESWARAN NAIR, AND RESIDING AT AGRAHARAM NALLEPILLY NALLEPPILLY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/12/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== Tr.P(Crl)No. 109 OF 2009 =========================== Dated this the 4th day of December,2009 ORDER Petitioner is the accused and first respondent the complainant in C.C.265/2006 on the file of Judicial First Class Magistrate Court, Chittur taken cognizance for the offence under section 138 of Negotiable Instruments Act. This petition is filed for transfer of the case to Judicial First Class Magistrate Court, Varkala, Thiruvananthapuram contending that Judicial First Class Magistrate Court, Chittur has no territorial jurisdiction, as the cheque was issued in the account maintained in Varkala and petitioner is also a resident of Varkala. 2. On hearing the learned counsel, I do not find any ground to transfer the case from Chittur to Varkala as sought for by the petitioner. Though learned counsel argued that Judicial First Class Magistrate Court, Chittur has no territorial jurisdiction to try the case, it is a matter to be considered by the Magistrate at the time of trial. Petition is disposed by giving liberty to the Tr.P(Crl) 109/2009 2 petitioner to raise the question of jurisdiction at the time of trial. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006