IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Tr.P(Crl.).No. 57 of 2008() --------------------------- AGAINST THE ORDER DATED / / IN IN UNNUMBERED CC IN CMP.2073/2008 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED: ----------------------- SURESH CHANDRAN.S., S/O.SOMANATHAN, AGED 52 YEARS, PADMAVATHY BHAVAN, ANCHETHUKAVU, MUNDAKKAL EAST, KOLLAM 691 001. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. ING VYSYA BANK LTD., RETAIL BANKING DIVISION, SHEMA BUILDING, RAVIPURAM, REPRESENTED BY THE POWER OF ATTORNEY HOLDER, VENUGOPALAN.C, OFFICER CBD, REGIONAL OFFICE, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. S.U. NAZAR. SRI.P.T.JOSE FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------ Tr.P.(Cri) No. 57 of 2008 ------------------------------------------------- Dated this the 20th day of October, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. According to the petitioner, he had applied for loan at the Kollam Branch of the ING Vysya Bank Ltd., and the transactions took place there. The cheque in question was also issued to the Kollam Branch. To manipulate jurisdiction, the cheque is shown to have been presented for collection at the Branch of the complainant at Ernakulam and the prosecution has been initiated before the learned Chief Judicial Magistrate, Ernakulam. No part of the cause of action has at all arisen within the jurisdiction of the the learned CJM, Ernakulam, and, in these circumstances, it is prayed that following the dictum in Santhoshkumar v. K.G. Mohanan (2008 (3) KHC 291) the filing of the complaint Tr.P.(Cri) No. 57 of 2008 -: 2 :- before the learned CJM, Ernakulam, and the entertainment of the complaint by that court is not justified. 2. Notice was given to the respondent/complainant. Respondent/complainant has entered appearance through counsel. Going by the averments in the complaint no part of the cause of action has arisen within the jurisdiction of the the learned CJM, Ernakulam, except that the cheque in question was presented at the bank within the jurisdiction of the learned CJM, Ernakulam. I am, in these circumstances, satisfied that following the dictum in Santhoshkumar, the prayer for transfer is absolutely justified. 3. In the result: (a) This transfer petition is allowed. (b) CMP NO.2073/08 pending before the learned CJM, Ernakulam, is transferred to the Court of the CJM, Kollam. (c) The learned CJM, Ernakulam, shall forthwith transmit the records to the learned CJM, Kollam, and ensure that the records reach that court well prior to 24/11/2008. (d) Parties shall appear before the learned CJM, Kollam, on Tr.P.(Cri) No. 57 of 2008 -: 3 :- 25/11/2008 without waiting for receipt of any further notice. (e) The learned CJM, Kollam, shall dispose of the case in accordance with law as expeditiously as possible. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.(Cri) No. 57 of 2008 -: 4 :- Nan/