IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Tr.P(Crl.).No. 44 of 2010() ------------------------- CC.2037/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ALUVA ............ PETITIONER / ACCUSED : ---------------------------------- USHA BABU, KOLLASSERIL VEEDU, PANMANA PUTHENCHANTHA P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT / COMPLAINANT : -------------------------------------------- 1. M/S.MAHINDRA AND MAHINDRA FINANCIAL LTD. HAVING THE REGISTERED OFFICE AT GATEWAY BUILDING, APPOLLO BUNDER, MUMBAI-400 001, DULY REP. BY THE AUTHORISED PERSON, RODNI PADUA HAVING ITS OFFICE AT NOEL HOUSE,THRIKKAKARA P.O., KAKKANAD, KOCHI-21. REP. ITS P/A HOLDER, RODNI PADUA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 BY ADV. SRI.DEVAPRASANTH P.J. R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- Tr.P.(CRL.) NO.44 OF 2010 --------------------------------------------- Dated 5th October, 2010 O R D E R Petitioner, the accused in C.C.2037/2008 on the file of Judicial First Class Magistrate's Court-I, Aluva filed this petition under Section 407 of Code of Criminal Procedure to transfer the case to Kollam contending that entire transaction has taken place at Kollam and hence Judicial First Class Magistrate's Court-I, Aluva has no territorial jurisdiction. 2. Learned counsel appearing for the petitioner and first respondent were heard. 3. On hearing the learned counsel appearing for the petitioner and first Tr.P.(Crl)44/10 2 respondent, when first respondent was asked whether they have any office at Kollam, it is submitted that there is an office at Kollam. In such circumstances, without considering the question of territorial jurisdiction raised by the petitioner, in the interest of justice, case is transferred to Kollam as it would be convenient to both parties. Petition is allowed. C.C.2037/2008 on the file of Judicial First Class Magistrate's Court-I, Aluva is transferred to Chief Judicial Magistrate's Court, Kollam for trial and disposal. Judicial First Class Magistrate's Court-I, Aluva is directed to send the entire records to Chief Judicial Magistrate's Court, Kollam immediately. M.SASIDHARAN NAMBIAR, JUDGE. Tr.P.(Crl)44/10 3 uj.