IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Tr.P(Crl.).No. 8 of 2008() -------------------------- ST.58/2007 of J.M.F.C. - VI, KOZHIKODE CC.272/2007 of J.M.F.C.,PARAPPANANGADI .................... PETITIONER: ------------ P.C.ABDULLA, S/O KHADER KUTTY, 'SHELTER', VANDIPETTA JUNCTION, NADAKKAVE P.O., KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. P.P.VELAYUDHAN, S/O CHATHU, PUTHANPURAYIL HOUSE, P.O.ARTS COLLEGE, MEENCHANDA, KOZHIKODE. 2. K.K.USMAN, S/O ALAVI, VALAKKULAM, CHULLIPPARA, P.O.VENNIYOOR, THIROORANGADI, MALAPPURAM. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SMT.T.RESMI DAMODARAN FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Tr.P.(Crl.) No.8 of 2008 ------------------------------------- Dated this the 17th day of June, 2008 ORDER The petitioner faces indictment in two separate prosecutions, both under Section 138 of the Negotiable Instruments Act. It is the case of the petitioner that both the complaints are bereft of any merit or truth. Two cheques, which the petitioner had allegedly handed over to one Dr.Rukhia, are being misutilised by her in collusion with the two complainants in this case to foist false and vexatious complaints against the petitioner, it is alleged. As the two cases are pending before two different courts, the petitioner is put to considerable difficulties and harassment. Proper trial is not possible in these circumstances. It is hence prayed that there may be a direction to transfer either of these cases to ensure that both the cases are disposed of by the same court. The learned counsel for the petitioner fairly submits that the petitioner does not want to make any choice. The case can be transferred to either court on the choice of the respondents/complainants, it is submitted. Tr.P.(Crl.) No.8 of 2008 2 2. The respondents/complainants have been served. The 1st respondent alone has entered appearance. I must assume that the 2nd respondent has no objection against the proposed transfer. The case filed by the 1st respondent is pending before the Judicial Magistrate of the First Class-VI, Kozhikode. I am, in these circumstances, satisfied that C.C.272 of 2007 pending before the Judicial Magistrate of the First Class-I, Parappanangadi filed by the 2nd respondent can be transferred to the Judicial Magistrate of the First Class-VI, Kozhikode. 3. In the result, this Transfer Petition is allowed. It is directed that C.C.272 of 2007 pending before the Judicial Magistrate of the First Class-I, Parappanangadi shall be transferred to the Judicial Magistrate of the First Class-VI, Kozhikode, where S.T.58 of 2007 is pending. The learned Judicial Magistrate of the First Class-I, Parappanangadi shall direct the parties to appear before the Magistrate at Kozhikode on 28.07.08 and shall forward the records to that court. Parties shall appear before the Judicial Magistrate of the First Class-VI, Kozhikode on 28.07.08. (R.BASANT, JUDGE) rtr/-