IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH JUNE 2007 / 21ST JYAISHTA 1929 Tr.P(Crl.).No. 31 of 2007() --------------------------- CC.1033/2006 of J.M.F.C.,MALAPPURAM .................... PETITIONER: ------------ 1. V.S. VIJAYAN, AGED 45 YEARS, S/O. SANKARAN, VAZHAKKAPPILLI, VENNALA P.O., COCHIN-28. 2. C.K. RAJAPPAN, AGED 60 YEARS, S/O. KRISHNAN, CHEMMANATHU VEEDU, VENNALA P.O., COCHIN-28. 3. A. BHASKARAN, AGED 57 YEARS, S/O. ALAMPADAN SUPRAN, OMANA VIHAR, EROOR SOUTH PO THRIPUNITHURA, ERNAKULAM. BY ADV. SRI.R.PUSHPANGATHAN PILLAI RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. K.P. SASI, AGED 40 YEARS, S/O. KUMARAN, KOLAKKOTTUPARAMBU, CHERATTUKUZHIYIL HOUSE, UPHILL, MALAPPURAM P.O. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB R2 BY ADV. SRI.K.A.SALIL NARAYANAN THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: O R D E R THERE IS NO REPRESENTATION FOR THE PETITIONER. SAME WAS THE SITUATION WHEN THE CASE CAME UP ON 8.6.2007. I AM SATISFIED THAT THE PETITIONER IS NOT INTERESTED IN PROSECUTING THIS PETITION. THIS PETITION IS HENCE DISMISSED. 11.6.2007 SD/- R. BASANT, JUDGE /TRUE COPY/ P.A. TO JUDGE R.BASANT, J ------------------------------------ Tr.P(Crl.).No.31 of 2007 ------------------------------------- Dated this the 1st day of January, 2008 ORDER Petitioner is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, which is pending before the J.M.F.C-I, Ernakulam against the 2nd respondent herein. That complaint is pending as C.C.No.1943 of 2004. 2. After the said complaint was filed, long later, the 2nd respondent filed a private complaint before the J.M.F.C, Malappuram alleging that offences punishable, inter alia, under Sections 420 and 465 have been committed by the petitioner herein and 2 others in respect of the very same cheque. Cognizance has been taken by the learned Magistrate and the said case is now pending before the J.M.F.C, Malappuram as C.C.1033 of 2006. 3. The short plea of the learned counsel for the petitioner is that the two cases are in the nature of a case and counter case in the sense that allegations and counter allegations about the same cheque have been made in the two cases. The petitioner Tr.P(Crl.).No.31 of 2007 2 prays that in the interests of justice, C.C.No.1033 of 2006 pending before the J.M.F.C, Malappuram may be directed to be transferred to the J.M.F.C-I, Ernakulam, where C.C.1943 of 2004 between the same parties in respect of the same cheque is pending. 4. The learned counsel for the respondent opposes the application. I am satisfied that the interests of justice demand that the 2 cases must be disposed of by the same court reckoning the allegations therein as in the nature of allegations and counter allegations. 5. The only question that remains to be decided is whether the trial must be directed to be held at Ernakulam or at Malappuram. I am satisfied, considering the nature of allegations and all the facts and circumstances and that C.C.1943 of 2004 was earlier filed before the J.M.F.C-I, Ernakulam, the interests of justice will be served ideally by directing the J.M.F.C-I, Ernakulam to hold the trial in both cases. 6. This Transfer Petition is accordingly allowed. C.C.No.1033 of 2006 pending before the J.M.F.C, Malappuram is Tr.P(Crl.).No.31 of 2007 3 transferred to the court of J.M.F.C-I, Ernakulam, where C.C.1943 of 2004 is pending. The learned Judicial Magistrate of the First Class, Malappuram shall forthwith transmit records to the Judicial Magistrate of the First Class-I, Ernakulam. The learned Judicial Magistrate of the First Class, Malappuram shall also direct the parties to appear before the Judicial Magistrate of the First Class- I, Ernakulam on 04.02.08. Parties shall appear before that court on 04.02.08. (R.BASANT, JUDGE) rtr/-