IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Tr.P(Crl.).No. 8 of 2009() -------------------------- ST.17551/2008 of J.M.F.C.,CHITTUR .................... PETITIONER(S): ACCUSED ---------------------- PUSHPANGADHAN, S/O. KARAPPAN, MENOTHPARAMBU HOUSE, KANDASSANKADAVU, KARAMUKKU VILLAGE, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SURESH, S/O. SHEKARAN, CHEMMANAM THOTTIL HOUSE, MUTHALAMADA VILLAGE, CHITOOR TALUK. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ T.P.C.R. No.8 of 2009 ------------------------------------- Dated this the 19th day of January, 2009 ORDER Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. He is aged about 70 years. The case is now pending before the learned Judicial Magistrate of the First Class, Chittoor. 2. According to the petitioner, he is aged 70 years and is permanently residing at Trichur. Because of his age and state of health, he finds it very difficult to proceed to Chittoor to participate in the proceedings. 3. I find absolutely no merit in the prayer for transfer. In the light of the decision in Jain Babu v. Joseph [2008(4) KLT 16], the petitioner can apply for exemption from personal appearance. I am not satisfied that the complainant must be obliged to come to Trichur to prosecute his case which he has filed before the Judicial Magistrate of the First Class, Chittoor. I note that there is no contention that the court at Chittoor has no territorial jurisdiction. T.P.C.R. No.8 of 2009 2 4. This Transfer petition is accordingly dismissed, but with the observation that the petitioner shall be at liberty to apply for exemption from personal appearance in the light of the decision in Jain Babu v. Joseph (supra). (R.BASANT, JUDGE) rtr/-