IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Tr.P(Crl.).No. 81 of 2007() --------------------------- ST.567/2006 of J.M.F.C.-II, VARKALA .................... PETITIONER: -------------------- BEENA, PUTHUVAL PURAYIDOM, CHERIYATHURA, MUTTATHARA VILLATGE, FROM PONGAN VILAKOM VEEDU, MAMPALLY, ANCHUTHENGU P.O. BY ADV. SRI.M.R.RAJESH RESPONDENTS: ------------------------ 1. JOSEPH, S/O DASAN, M.J.LAND, MAMPALLY, ANCHUTHENGU, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECTOR, HIGH COURT OF KERALA. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Tr.Ptn.(Crl.) No.81 of 2007 = = = = = = = = = = = = = = Dated this the 15th day of February, 2008 ORDER The petitioner, a lady, seeks a transfer of S.T.No.567/2006 pending before the J.F.C.M-II, Varkala to J.F.C.M- I, Varkala, where she had filed a private complaint as C.M.P.No.3158/2007 alleging offences punishable under Sections 384,386,406 and 511 of 420 read with Section 34 IPC and Sections 17 and 18 of the Kerala Money Lenders Act. S.T.No. 567/2006 on the file of J.F.C.M-II,Varkala is a prosecution under Section 138 of the Negotiable Instruments Act, 1881, against the petitioner on the basis of a cheque for a sum of Rs.2 lakhs. The case of the petitioner in the private complaint is that, she along with her husband borrowed a total sum of Rs.4,50,000/- on various dates from the accused persons on interest at the rate of Rs.3 per Rs.100/- per month and they had discharged the entire liability on 19.4.05 and the accused persons had obtained a signed blank cheque leaf from the complainant, drawn on State Bank of Travancore, Kadakkavur branch and three signed blank cheques from her husband drawn on the Shanmugham branch of the TPCR No.81 of 2007 2 State Bank of Travancore, that the three cheque leaves from the husband were obtained under duress by putting him under fear of death that on repayment of the loan amount by the petitioner and her husband, the accused failed to return the cheque leaves and that the cheque leaf in S.T.No.567/2006 is one of those cheque leaves which has been misused. 2. The petitioner had initially filed a complaint before the Anchuthengu Police which registered a case as Crime No.110/2005 for an offence punishable under Section 387 IPC and Sections 13,17 and 18 of the Kerala Money Lenders Act, read with Section 34 IPC. After the conclusion of investigation the Police referred the case under Section 169 read with 173(2) Cr.P.C. It was thereafter that the above private complaint was filed under protest to the refer report. 3. The learned Magistrate, after taking the sworn statement of the petitioner herein and two witnesses, took the protest complaint on file as C.C.No.1192/2007 for offences punishable under Sections 386, 406 and 511 of 420 read with 34 IPC. TPCR No.81 of 2007 3 4. Having regard to the nature of the allegations in both the cases, it is just and proper that C.C.No.1192/2007 on the file of J.F.C.M-I, Varkala and S.T.No.567/2007 on the file of J.F.C.M- II, Varkala are tried by the same court. Accordingly, S.T.No.567/2006 on the file of J.F.C.M-II, Varkala shall stand transferred to J.F.C.M-I, Varkala. J.F.C.M-I, Varkala which shall try both the cases in quick succession and pass judgment, according to law. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge