IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Tr.P(Crl.).No. 46 of 2010 (F) --------------------------- ( CC.1622/2007 of J.M.F.C.-VI, THIRUVANANTHAPURAM) .................... PETITIONER/ACCUSED ----------------------------------- RAMACHANDRAN, AGED 50 YEARS, S/O.K.SUNDAR RAM, M/S.HAMLET ENGLISH BOOK SHOP, BANERJI ROAD, ERNAKULAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS/COMPLAINANT --------------------------------------------- 1. M/S.INDIA BOOK HOUSE, M.G.ROAD, THIRUVANANTHAPURAM-1, REP. BY ITS MANAGER, V.HARIKUMAR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- Tr.P. (CRL.) NO.46 OF 2010 --------------------------------------------- Dated 18th October, 2010 O R D E R Petitioner, the accused in C.C.1622/2007 on the file of Judicial First Class Magistrate's Court-VI, Thiruvananthapuram taken cognizance for the offence under Section 138 of Negotiable Instruments Act filed this petition for transfer the case to a Court at Ernakulam contending that petitioner is a resident of Ernakulam having his shop at Ernakulam and first respondent/complainant is also having an office at Ernakulam and Annexure-1 complaint shows that even the dishonoured cheque was presented by the first respondent at Ernakulam and in such circumstances, the case is to be transferred to Ernakulam. 2. Though notice was served on first Tr.P.46/10 2 respondent, first respondent did not appear or object to the transfer. 3. Learned counsel appearing for the petitioner was heard. 4. As the first respondent is having an office at Ernakulam and application for transfer is not opposed by the first respondent, petition is allowed. C.C.1622/2007 on the file of Judicial First Class Magistrate's Court-VI, Thiruvananthapuram is transferred to Judicial First Class Magistrate's Court-I, Ernakulam. Judicial First Class Magistrate's Court-VI, Thiruvananthapuram is directed to forward the records to Judicial First Class Magistrate's Court-I, Ernakulam immediately. M.SASIDHARAN NAMBIAR, JUDGE. uj.