IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Tr.P(Crl.).No. 71 of 2008() --------------------------- CC.687/2006 of J.M.F.C., ADOOR .................... PETITIONER(S): --------------- N.RAJENDRAN, S/O NATARAJAN, AGED 54 YEAR RAJ BHAVAN, VAMANAPURAM P.O., KARETT VILLAGE, KILIMANNOOR, THIRUVANANTHAPURAM DIST. BY ADV. SRI.J.JAYAKUMAR SRI.THASNIM M.A. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.THOMAS, VALLIYATH VEEDU, NEDUMON, EZHAMKULAM VILLAGE, ADOOR. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl.)No. 71 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution under section 138 of the N.I. Act. He has entered appearance. But the trial has not commenced, it is reported. Cognizance has been taken by the learned J.F.M.C. Adoor. The petitioner has come to this Court with this petition on the assertion that the learned J.F.M.C. Adoor has no territorial jurisdiction at all to take cognizance and deal with the matter. The counsel submits that the only relevant averment on the basis of which jurisdiction can be claimed before the J.F.M.C. Adoor is that the cheque was presented for collection before the South Indian Bank at Ezhamkulam branch. That circumstance by itself is not sufficient to clothe the learned J.F.M.C. Adoor with jurisdiction to deal with the matter, it is submitted. The counsel prays that transfer may be directed as prayed for. 2. Notice was issued to the respondent. He has been served. There is no representation. Memo serving the notice on Tr.P.(Crl.)No. 71 of 2008 2 the counsel for the respondent, who is appearing before the court below has also been filed. 3. I am satisfied, as has been held in Santhoshkumar v. Mohanan (2008 (3) KLT 461), that the mere fact that the cheque was presented for collection through the complainant's bank at a different venue will not confer jurisdiction on the court at that venue to try the case. Going by the other averments, the J.F.M.C. -II, Attingal has jurisdiction. 4. I am satisfied that this petition deserves to be allowed. Direction can be issued to the court having jurisdiction to deal with the matter. 3. In the result: a) This Crl.M.C. is allowed. b) There shall be a direction to the J.F.M.C, Adoor to transfer the case, C.C. 687 of 2006 to the Court of the J.F.M.C-II, Attingal Records shall forthwith be forwarded to the Court of J.F.M.C.-II, Attingal and parties shall be directed to appear before that Court on 15.12.2008. Tr.P.(Crl.)No. 71 of 2008 3 c) The parties shall appear before the J.F.M.C.-II, Attingal on 15.12.2008 to continue the proceedings without waiting for any further direction. The learned J.F.M.C.-II, Attingal shall dispose of the case as expeditiously as possible, at any rate, within a period of four months from 15.12.2008. D) Communicate the order to both courts. (R. BASANT) Judge tm