IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Tr.P(Crl.).No. 97 of 2008() --------------------------- STC.2632/2007 of C.J.M., THALASSERY .................... PETITIONER(S): 1 ---------------- P.K.MOHAMMED ASHRAF, S/O.MAMMU HAJI, 42 YEARS, PROPRIETOR, TUBE TEXTILE CORPORATION PUTHYILATHIL VEETIL CHOKLI AMMA, MENAPRAM DESOM, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.P.ABDUL RAHIMAN MANAGING PARTNER, M.P.EXPORTS, V/99(J) M.P.ARCADE CHUNGAM KUMARAPUTHUR AMSOM, DESOM, MANNARKAD TALUK, PALGHAT. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/01/2009, ALONG WITH TPCR NO. 98 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl.).Nos. 97 & 98 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 O R D E R The petitioner is the complainant in two prosecutions, both under section 138 of the N.I. Act. Those proceedings have been initiated against the same accused, i.e the common party respondent in these two petitions. The prosecutions are pending before the J.F.M.C., Thalassery. According to the petitioner, the accused/respondent is residing in Palghat district. The drawee bank is at Mannarghat and the dishonour took place at Mannarghat. The complaint was presented at the court at Thalassery because the collecting bank to whom the petitioner handed over the cheques is situated within the jurisdiction of that court. In the light of the decision in Santhoshkumar v. Mohanan (2008 (3) KLT 461) the court at Thalassery cannot now claim to have jurisdiction. In these circumstances it is prayed that the case may be transferred to the J.F.M.C., Mannarghat. Tr.P.(Crl.).Nos. 97 & 98 of 2008 2 2. Notice has been served on the respondent/accused. He has not entered appearance. It appears to be evident that the respondent, a resident of Mannarghat, has no objection against the transfer of the case to the J.F.M.C., Mannarghat. 3. In the result: a) These transfer petitions are allowed. b) S.T. Nos. 2631 and 2632 of 2007, both pending before the J.F.M.C., Thalasserry are transferred to the Court of the J.F.M.C., Mannarghat. c) The learned J.F.M.C. Thalassery shall forthwith transmit the records to the J.F.M.C. Mannarchat and shall direct the parties to appear before that court on 2.3.2009. The parties shall appear before that court without waiting for any direction from that court. d) The records shall be forwarded to the transferee court by the J.F.M.C., Thalasserry such that the records are before that court well before 2.3.2009. (R. BASANT) Judge Tr.P.(Crl.).Nos. 97 & 98 of 2008 3 tm