IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Tr.P(Crl.).No. 71 of 2009() --------------------------- ST.1133/2009 of J.M.F.C.-I,PATHANAMTHITTA .................... PETITIONER(S): ACCUSED: ----------------------------------------- PASTOR JACOB THOMAS, CHURCH OF GOD, MANARCADU P.O., KOTTAYAM. BY ADV. MR.C.S.MANILAL RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. P.M.PHILIPHOSE, MANAGING PARTNER, LOYAL BANKERS, 9/598A, MATTAKANDATHIL BUILDINGS, MANARCADU, KOTTAYAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. MR.K.SHAJ, MR.SAJJU.S. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/07/2009 ALONG WITH TPCR NO. 72 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Tr.P(Crl)No.71 & 72 OF 2009 =========================== Dated this the 8th day of July,2009 ORDER Petitioner in Tr.P(Crl) 71/2009 is the accused in S.T.1133/2009 on the file of Judicial First Class Magistrate Court-I, Pathanamthitta. Petitioner in Tr.P (Crl)72/2009 is the accused in S.T.1700/2007 on the file of the same court. First respondent in both the cases is the same complainant before the learned Magistrate. These petitions are filed to transfer the cases to Judicial First Class Magistrate,II, Kottayam. 2. Though notice was served on the first respondent, he did not appear or object to the transfer either in Tr.P(Crl) 71/2009 or in Tr.P(Crl) 72/2009. 3. Learned counsel appearing for the petitioners was heard. 4. Learned counsel appearing for the petitioners pointed out that first respondent is a registered partnership firm with the registered Office at Manarcadu, Kottayam and both the complaints are filed alleging offence under section 138 of Negotiable Instruments Act and the cheques were drawn at Kottayam Tr.P(Crl)71/09 & 72/09 2 and petitioners are also residing at Kottayam and the complaints were filed at Pathanamthitta alleging that the cheques were presented for encashment through Kozhencherry Branch of Pathanamthitta District Co-operative Bank Ltd. It is contended that all the dishonoured cheques in respect of these two cases and two other cases filed by first respondent against the other sureties Kunjukunju David and Chandi are all in respect of the same transaction and though the cases were filed against Chandi and Kunjukunju David before Judicial First Class Magistrate Court, Pathanamthitta, those cases were already transferred to Kottayam and in such circumstances, these cases are also to be transferred. 5. As the first respondent did not appear or raise any objection and as it is convenient and better to try all the cases by the same Magistrate, petitions are allowed. 6. S.T.1133/2009 and S.T.1700/2007 on the file of Judicial First Class Magistrate Court No.I, Pathanamthitta are transferred to Judicial First Class Magistrate Court- II, Kottayam. Judicial First Class Magistrate is directed to transmit the records to Judicial First Class Magistrate-II, Kottayam immediately. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006