IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Tr.P(Crl.).No. 53 of 2008() --------------------------- STC.55/2008 of J.M.F.C.,PAYYANNUR .................... PETITIONER: ------------ P.K.NANDAKUMAR S/O.LATE P.K.MENON, PAYYAPPILLY HOUSE 50/882 \EDAPPILLY, KOCHI-24 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ------------- 1. K.V.HARIHARAN S/O.N.V.IYYER, SMITHA HOUSE KANNANTHODATH LANE, EDAPPILLY,KOCHI24 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY P.P. SRI. AMJAD ALI. BY ADV. SRI.SUNNY VARGHESE FOR R1 SRI.T.R.JAGADEESH FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri)NO. 53 OF 2008 ------------------------------------------------- Dated this the 1st day of September, 2008 ORDER The petitioner is the accused in two prosecutions – both under Sec.138 of the Negotiable Instruments Act. Even admittedly, those cheques were issued by the accused to the complainant. Both the accused and the complainant were residing at Ernakulam within the jurisdiction of the learned Additional Chief Judicial Magistrate, Ernakulam. The Additional CJM has taken cognizance of one case and that is pending as C.C.No.333/07. The other case, the transfer of which is sought in this petition, is pending before the learned Judicial Magistrate of the First Class (notified Munsiff's Court), Payyannur, as S.T.No.55/08. The petitioner has come to this Court with a prayer for transfer of the case. 2. According to the petitioner, the complaint has been Tr.P.(Cri)NO. 53 OF 2008 -: 2 :- filed before the court at Payyannur raising totally untenable contentions to justify the jurisdiction for that court. It is said that the false allegation has been raised that the complainant, though permanently residing at Ernakulam, is now residing at Payyannur. In that case a chief affidavit has already been filed. The complainant has not been cross-examined. The matter stands posted for 313 examination. At this juncture that the petitioner has come to this Court now with this petition. 3. The learned counsel for the respondent/complainant does not dispute the fact that the complainant has a place of residence within the jurisdiction of the court of Additional CJM, Ernakulam, and that one case between the same parties is pending before that court. But the learned counsel submits that the court at Payyannur also has jurisdiction as the complainant was residing at Payyannur during the relevant period. 4. Having considered all the relevant circumstances ,I am persuaded to agree that in the interests of justice the transfer can be directed as prayed for. I am certainly of opinion that the Tr.P.(Cri)NO. 53 OF 2008 -: 3 :- request of the respondent/ complainant that both the cases may be directed to be disposed of expeditiously and this application for transfer may not be permitted to achieve the result of unjustified protraction can be accommodated by issuing appropriate directions. 5. In the result: (a) This transfer petition is allowed. (b) S.T.No.55/07 pending before the learned Judicial Magistrate of the First Class, Payyannur, is transferred to the learned Additional CJM, Ernakulam, where C.C.No.333/07 between the same parties is pending. (c) The learned JFCM, Payyannur, shall forth with transmit the records to the learned Additional CJM, Ernakulam, and the learned Additional CJM, Ernakulam, shall ensure that both the cases are disposed of as expeditiously as possible – at any rate, on or before 29/11/08. Compliance shall be reported to this Court. (d) Parties shall appear before the learned Additional CJM, Tr.P.(Cri)NO. 53 OF 2008 -: 4 :- Ernakulam, on 22/9/2008. 5. A copy of this order shall be handed over to the learned counsel for the petitioner who shall forthwith produce the same before the learned JFCM, Payyannur, who, in turn, shall ensure that the records reach the learned Additional CJM, Ernakulam, before that date i.e., 22/9/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.(Cri)NO. 53 OF 2008 -: 5 :- R. BASANT, J. ------------------------------------------------- Tr.P.(Cri)NO. 53 OF 2008 ------------------------------------------------- Dated this the 11th day of August, 2008 ORDER Heard. Admitted. Notice given and the learned Public Prosecutor appears for the respondent/State. Issue notice to the 1st respondent by speed post with acknowledgment due. Simultaneously give notice personally to the learned counsel for the 1st respondent who is appearing before the court below and file a memo to that effect in 10 days. Verify service and call on 1/9/2008. Crl.M.A.No.4280/08: There shall be an interim stay as prayed for till 1/9/2008. Tr.P.(Cri)NO. 53 OF 2008 -: 6 :- (R. BASANT, JUDGE) Nan/