IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Tr.P(Crl.).No. 83 of 2008() --------------------------- CC.48/2008 of C.J.M., ALAPPUZHA .................... PETITIONER(S): ACCUSED:- ------------------------ ANEESHA, W/O. RATHEESH BABU, KARIKULANGARA VADAKKATHIL,PERUMPUZHA P.O., KUNDARA, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): COMPLAINT:- -------------------------- 1. SREE GOKULAM CIT & FINANCE COMPNAY PVT LTD., REPRESENTED BY ITS AUTORIZED, AGENT T.R. KRISHNA KUNJU, S/O. THYAGARAJA PANICKER, AGED 39 YEARS, LEAL CLERK, KOLLAM DIVISION, COMMERCIAL SHOPPING COMPLEX, BISHOP JEROME NAGAR, CHINNAKKADA KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERAL, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR SRI.K.N.VENUGOPALA PANICKER FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Tr.P.Crl.No.83 of 2008 ---------------------------------------- Dated this the 24th day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Section 138 of the Negotiable Instruments Act. Proceedings have been initiated before the learned Chief Judicial Magistrate, Alappuzha. The petitioner complains that the court at Alappuzha has no territorial jurisdiction to entertain the complaint. According to the learned counsel for the petitioner, the transaction was admittedly between the Kollam branch of the complainant and the petitioner herein. The only averment to confer the jurisdiction on the court at Alappuzha is that the notice of demand was issued by the lawyer at Alappuzha and the cheque was handed over to the collecting bank at Alappuzha. The complainant company is also having a branch at Alappuzha, it is submitted. 2. These circumstances/facts are certainly not sufficient to confer territorial jurisdiction for the court at Alappuzha to deal with the prosecution under Section 138 of the Negotiable Tr.P.C.No.83/2008 2 Instruments Act against the petitioner. The position is well settled in the decision in Ahammedkutty Haji v. State of Kerala [2007(1) KLT 68] and Santhosh Kumar v. Mohanan [2008(3) KLT 461]. I am, in these circumstances, satisfied that the prayer for transfer only deserves to be allowed. 3. In the result, a) This Tr.P.Crl. is allowed. b) C.C.No.48/2008 pending before the learned Chief Judicial Magistrate, Alappuzha is transferred to the learned J.F.C.M-II, Kollam. c) The learned Chief Judicial Magistrate, Alappuzha shall forthwith transmit the records to the learned J.F.C.M-II, Kollam. d) The parties shall appear before the learned J.F.C.M-II, Kollam to continue the proceedings on 15/12/2008 without waiting for any further directions. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Tr.P.C.No.83/2008 3 Tr.P.C.No.83/2008 4 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008