IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Tr.P(Crl.).No. 17 of 2009() --------------------------- CC.1268/2008 of J.M.F.C.-I, ALAPPUZHA .................... PETITIONER(S): ACCUSED: ---------------------------------------- MRS.RAMALA MUHAMMED,AGED 42 YRS, W/O.MUHAMMED KUNJI, MUCH MORE PERFUMES AND FASHION ACCESSORIES,CONVENT JUNCTION, KOCHI-11. BY ADV. MR.SHAJI P.CHALY RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. P.J.SEBASTIAN,AGED 73 YEARS,S/O.JOSEPH, PULLORUTHIKKARA,C.C.CNO.27,CHERTHALA NORTH, ALAPPUZHA DISTRICT. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ T.P.CRL.NO.17 OF 2009 ------------------------------------------ Dated 8th June 2009 O R D E R Petitioner is the accused and first respondent the complainant in C.C.1268/2008 on the file of Judicial First Class Magistrate-I, Alappuzha. Judicial First Class Magistrate took cognizance of the offence under Section 138 of Negotiable Instruments Act on Annexure-A1 complaint. Petitioner/accused is at Kochi. This petition is filed to transfer the case to Magistrate court, Ernakulam contending that no part of the cause of action has arisen within the territorial jurisdiction of Judicial First Class Magistrate, Alappuzha and therefore as petitioner is a resident of Ernakulam the case is to be transferred to Ernakulam. Though notice was served on first respondent, he did not appear. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel appearing for petitioner argued that apart from alleging in the complaint that cause of action has arisen within the territorial TPCR 17/09 2 jurisdiction of Alappuzha south police station, other details are not pleaded. The only other relevant allegation in the complaint is that cheque was presented for encashment through Alappuzha Branch of Bank of India and the cheque was issued at Ernakulam, account of the petitioner is in Ernakulam Branch of City Bank and cheque was also dishonoured from that branch. By sending of notice from Alappuzha or presentation of the cheque for encashment through Alappuzha branch, court at Alappuzha will not get jurisdiction and therefore, the case is to be transferred to Ernakulam where petitioner resides. 4. First respondent did not appear and objected to the transfer. There is no specific allegation in the complaint as to what part of the cause of action has arisen within the jurisdiction of Judicial First Class Magistrate, Alappuzha. In such circumstances, petitioner is entitled to get the case transferred to Alappuzha. Petition is allowed. C.C.1268/2008 on the file of Judicial First Class Magistrate-I, Alappuzha is transferred to Judicial First Class Magistrate-I, TPCR 17/09 3 Ernakulam for trial. Judicial First Class Magistrate-I, Alappuzha is directed to forward the records to Judicial First Class Magistrate-I, Ernakulam. M.SASIDHARAN NAMBIAR, JUDGE. uj.