IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Tr.P(Crl.).No. 4 of 2011() -------------------------- CC. 1191, 1192 & 1193 OF 2010 of J.M.F.C.-I,HOSDRUG .................... PETITIONER(S): --------------------- BENNY V.DAVID, NO.5, MEENAKSHI LAYOUT, KAMASANDRA MAIN ROAD, BANGALORE. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNNY P.K., HEADMASTER, GOVERNMENT L.P.SCHOOL, KUNNUMKAI, RESIDING AT PUTHANPURAYIL HOUSE, WEST ELERI P.O., BHEEMANADI, HOSDURG, KASARAGODE. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALADHA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ---------------------------------------------- Tr.P(Crl.).No. 4 of 2011 ---------------------------------------------- Dated this the 8th day of February, 2011 O R D E R Petitioner is accused in C.C.Nos.1191, 1192 and 1193 of 2010 of Judicial First Class Magistrate's Court, Hosdurg for offences, either under Section 138 of the Negotiable Instruments Act or, under Section 420 of the Indian Penal Code. Petitioner has a case that the cheques were obtained by him under threat and coercion. Respondent No.2, who obtained the cheques accordingly has threatened petitioner with dire consequence if petitioner went to Hosdurg to attend the Court where the cases are pending. For the said reason and since petitioner is a resident of Bangalore, he wants the cases to be transferred to a Court in Ernakulam district. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. 3. The allegations made, in my view, are insufficient to order transfer of the case. General principle is that cases are to be tried in the court having jurisdiction over the area where the offence was committed. That, petitioner is a resident of Bangalore is no ground to transfer the case from Hosdurg to Ernakulam. I must bear in mind that Tr.P(Crl.).4/11 2 respondent No.2 who initiated the proceedings is a resident of Beemanadi Village within the jurisdiction of Kasaragod Police Station. If the cases are transferred to Ernakulam, respondent No.2 has to travel from that place to Ernakulam. So far as ground for transfer based on alleged threat from the respondent No.2 is concerned, the mere allegation is not sufficient. If there is any threat from any corner, it is open to the petitioner to move appropriate complaint before the local police or the Superintendent of Police, Kasaragod and if any complaint is preferred, such authority shall look into the matter and do the needful. This petition is dismissed without prejudice to the right of petitioner to move complaint before the local police or the Superintendent of Police, Kasaragod, if there is any threat from any corner as alleged. If any such complaint is preferred, such authority shall look into that matter and do the needful. THOMAS P.JOSEPH, JUDGE vgs