IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Tr.P(Crl.).No. 58 of 2008() ----------------------------------- C.C. NO.1125/07 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I. ... PETITIONER(S): ----------------------- ANTONY VARGHESE, S/O. VARGHESE, ANTHIKADU HOUSE, ELOOR SOUTH, UDYOGAMANDAL.P.O, ERNAKULAM WRONGLY ADDRESSED IN THE COMPLAINT AS AVT CONSTRUCTION COMPANY, UDYOGAMANDAL, ELOOR SOUTH, ERNAKULAM. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): ------------------------- 1. KUNJACHAN.P.Y, S/O. YOHANNAN, PADINJATTATHIL HOUSE, KANJAVELLI.P.O, KOLLAM (PERMANENTLY RESIDING AT PADINJATTETHIL HOUSE NEAR SNDP BRANCH NO.986, ELOOR SOUTH, UDYOGAMANDAL.P.O, ERNAKULAM DISTRICT) 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Tr.P.(Crl). No. 58 OF 2008 ----------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R The petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. The respondent/complainant had filed a complaint before the Judicial First Class Magistrate Court-I, Kollam and cognizance has been taken. The cheque is drawn on the Andra Bank, Ernakulam branch. According to the petitioner the complainant resides at Ernakulam. He had presented the cheque for encashment through the Eloor Service Co-operative Bank Ltd., Udyogamandal branch. But the notice of demand was issued by a counsel at Kollam. Alleging that the cause of action has arisen at Kollam, the complaint was filed before the Court at Kollam and cognizance was taken. Petitioner contends that no part of the cause of action has arisen at Kollam. To justify the initiation of proceedings before the Court at Kollam, it was asserted that the notice of demand has been issued by the counsel at Kollam. There is no circumstances whatsoever that can justify the initiation of proceedings before the Kollam Court, it is submitted. The Tr.P.(Crl). No. 58 OF 2008 -:2:- petitioner stoutly contends that the complainant does not has his place of residence at Kollam and that the cheque was not handed over at Kollam. 2. At this stage it would be hazardous for this Court to resolve the controversy on facts as to whether the complainant resides at Kollam or whether the cheque was handed over at Kollam or not. It is by now trite that mere fact that notice of demand was issued through a counsel at Kollam, shall not confer the jurisdiction on the courts at Kollam to entertain a complaint under Section 138 of the Negotiable Instruments Act. 3. I have considered whether the transfer sought would advance the cause of justice. The complainant, it does appear has roots at Ernakulam, he having presented the cheque for encashment at his account with a bank at Udyogamandal branch. I am in these circumstances satisfied that the transfer can be directed as prayed for. Such a direction, I am satisfied shall advance the interests of justice. The learned counsel for the respondent in the course of arguments, accepts that transfer can Tr.P.(Crl). No. 58 OF 2008 -:3:- be directed as prayed for. 4. In the result: a) This Tr.P(Crl) is allowed. b) CC No.1125/07 pending before the JFMC-I, Kollam is transferred to the court of JFMC, North Paravoor. JFMC- I, Kollam shall forthwith transmit records to the JFMC, North Paravoor. The parties are directed to appear before the JFMC, North Paravoor on 24.11.08 without waiting for any further notice/process from the court. 5. Communicate this order to both counsel. R. BASANT, JUDGE ttb Tr.P.(Crl). No. 58 OF 2008 -:4:- Tr.P.(Crl). No. 58 OF 2008 -:5:-