IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Tr.P(Crl.).No. 113 of 2009() ------------------------------------- CC.1219/2006 of JDL. FIRST CLASS MAGISTRATE COURT, ALAPPUZHA .................... PETITIONER(S): --------------------- G. GOPAKUMAR, ADVOCATE, MEMMANADU HOUSE, SANATHANAPURAM.PO, ALAPPUZHA. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): ------------------------ 1. M/S.MARIKAR MOTORS (LTD), PALACE ROAD, ALAPPUZHA REPRESENTED BY THE BRANCH MANAGER, ALAPPUZHA.P.O. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.SALIM. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Tr.P.(CRL.) No. 113 OF 2009 ------------------------------------------ Dated 24th November 2009 O R D E R Petitioner is the accused in C.C.1219/2006 on the file of Judicial First Class Magistrate, Alappuzha taken cognizance for the offence under Section 138 of Negotiable Instruments Act on a complaint filed by the respondent. This petition is filed for transfer of the case to any other court outside Alappuzha district, on the ground that petitioner is an advocate practicing therein. 2. Learned counsel submitted that it is embarrassing for the petitioner to appear and defend a case before the learned Magistrate where he is practicing. 3. Considering the nature of the offence, I do not find that there is any necessity to transfer the case for the reason that the accused is an advocate practicing in the same court. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.