IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Tr.P(Crl.).No. 68 of 2008(F) ------------------------------------- (C.C. NO.539/2006 PENDING BEFORE THE JUDL.1ST CLASS MAGISTRATE KOTTAYAM). ........... PETITIONER: ------------------- SATHI K.MENON,GEETHANJALI HOUSE, PANAYAKAZHUPPU, NAGAMBADAM KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K). RESPONDENTS: ------------------------ 1. M.D.REVEENDRAN NAIR, S/O.DIVAKARAN NAIR, MUNDAKKAL HOUSE, KOTHANELLUR VILLAGE. VAIKOM TALUK. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/01/2009, ALONG WITH TR.P.(CRL). NOS.69/2008 & 70/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl).Nos. 68, 69 & 70 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2009 O R D E R The petitioners in these three cases, mother and daughter, face indictment in three prosecutions - two against the mother and one against the daughter - pending before the courts at Neyyattinkara and Vaikom. The prayer is that all these three prosecutions initiated against them may be ordered to be transferred for trial before the learned J.F.M.C.-III, Kottayam, where a connected case is pending as C.C.359 of 2006. 2. The petitioners are the wife and daughter of one R.K. Menon. It is contended that the said R.K. Menon had availed loans from one Biju Sukumaran and was constrained to hand over blank signed cheques to the creditor as security for due repayment of such loans. Accordingly the cheques signed by the petitioners happened to be handed over to the said Biju Sukumaran. Though the liability was discharged, the said Biju Sukumaran presses for further amounts on the plea that interest Tr.P.(Crl).Nos. 68, 69 & 70 of 2008 2 was still liable to be paid. This led to untoward incidents and it is in respect of one such incident that a crime was registered, which eventually resulted in filing of a final report by the police. That proceedings is pending as C.C.359 of 2006 before the J.F.M.C.-III, Kottayam. 3. According to the petitioners, as a retaliation against such proceedings initiated, the said Biju Sukumaran through two different persons initiated false and vexatious proceedings under Section 138 of the N.I. Act against the petitioners. Two of them before the Court at Neyyattinkara are initiated by the first respondent in Tr.P.C.Nos. 69 and 70 of 2008, whereas the third is initiated by the first respondent in Tr.P.C.68 of 2008 before the Court at Vaikom. The learned counsel for the petitioner submits that disposal of the three petitions by the same judicial officer, who takes up C.C.359 of 2006 for trial will serve the interests of justice ideally. It is, in these circumstances, prayed that direction may be issued to ensure that all the three cases are transferred to the J.F.M.C.-III, Kottayam, where C.C.359 of 2006 is pending against the said Biju Sukumaran. Tr.P.(Crl).Nos. 68, 69 & 70 of 2008 3 4. Notice was issued to the respondents. They have been served. Memo has also been served on their counsel. But there is no representation for the respondents. 5. I have considered all the relevant inputs. I am satisfied that the prayer for transfer can be allowed in the circumstances urged by the learned counsel for the petitioners. The learned counsel further points out that even otherwise, going by the averments in the complaint, the court at Neyyattinkara cannot be said to have territorial jurisdiction to deal with the case in the light of the decision in Ahammedkutty Haji v. State of Kerala (2007 (1) KLT 68). I am satisfied that the request is reasonable and justified and directions for transfer can be issued as prayed for. 6. These petitions are allowed. S.T. 699 and 700 of 2008 pending before the J.F.M.C.-II, Neyyattinkara and C.C.317 of 2008 pending before the J.F.M.C.-I, Vaikom, are transferred to the court of the J.F.M.C.-III, Kottayam, where C.C.359 of 2006 is pending. 7. Communicate the order to all courts concerned. The courts concerned shall direct the parties to appear before the learned J.F.M.C.- Tr.P.(Crl).Nos. 68, 69 & 70 of 2008 4 III, Kottayam on 24.2.2009. The records shall be forwarded to that court such that the records reached the transferee court before that date. (R. BASANT) Judge tm