IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Tr.P(Crl.).No. 45 of 2011() --------------------------------- ST. NO. 2328/2010 , S.T. NO. 2523/2010 AND S.T. NO.2647/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM PETITIONER(S): ACCUSED ------------------------------------- L.N.POTTI, S/O.VENKETACHALAM POTTI, FLAT NO.H.3, ANJANEY APARTMENTS, TRIPUNITHURA, ERNAKULAM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): /COMPLAINANT NO.1 --------------------------------------------------------- 1. MUHAMMED IQBAL, S/O.HAJI M.M.HANEEFA, NASEEM MANZIL, ASRAMAM, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.LEO GEORGE FOR R1 SRI.K.N.SASIDHARAN NAIR FOR R1 SRI.M.SUNIL FOR R1 SMT.BABITHA THAMBI FOR R1 R2 BY PUBLIC PROSECUTOR SRI. S.V. NAZAR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS Tr.P(Crl.).No. 45 of 2011() APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PRIVATE COMPLAINT NO. S.T. 2328/2010 OF JFCM COURT II KOLLAM P2: COPY OF PRIVATE COMPLAINT NO. S.T. 2523/2010 OF JFCM COURT II KOLLAM P3: COPY OF PRIVATE COMPLAINT NO. S.T. 2647/2010 OF JFCM COURT II KOLLAM RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS N.K.BALAKRISHNAN, J ----------------------------------------- Trp (Crl) No. 45 of 2011 ------------------------------------------ Dated this the 27th September, 2011. JUDGMENT Petitioner is the accused in three cases -- S.T. No.2328/2010, S.T. No. 2523/2010 and S.T. No. 2647/2010 on the file of J.F.C.M. - II, Kollam. These complaints were filed by the first respondent alleging offence under Section 138 of N.I. Act. The petitioner is stated to be a resident of Ernakulam District. The petitioner contends that since the three cases are pending before the JFCM, Kollam he has to suffer much to appear before that Court. The request is opposed by the learned counsel for the complainant. According to him, request made by the accused to transfer all the cases to Ernakulam would cause undue hardship to the complainant as he is a resident of Kollam District. 2. The submission made by the learned counsel for the petitioner is that he may have to appear on all posting days before JFCM Court, Kollam which would cause undue hardship to him. The petitioner can very well apply for Trp (Crl) No. 45 of 2011 2 exemption of personal attendance before the Magistrate by filing a petition under Section 205 Cr.P.C. The learned Magistrate will consider those applications sympathetically if filed but petitioner shall be issued appropriate direction as to when the actual physical presence of the accused would be required. But I find no reason to transfer all these three cases as requested by the petitioner. This petition is disposed of as mentioned above. N.K. BALAKRISHNAN, JUDGE smvd