IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Tr.P(Crl.).No. 86 of 2008() --------------------------- CC.1804/2004 of JUDL.M.F.C.-I,ERNAKULAM .................... PETITIONER(S): --------------- 1. M/S.GOPAN & SYAM, CHARTERED ACCOUNTANT, REP.BY ITS PARTNER, 40/282,LAYAM ROAD, KOCHI-11. 2. GOPALAKRISHNAN, S/O.LATE NARAYANA KURUP AGED 60 YEARS, MANACKAPARAMBIL HOUSE, AZAD ROAD, KALOOR, KOCHI - 17. 3. K.K.SYAM, S/O.T.K.KARUNAKARAN, AGED 58 YEARS,OOTHAPPILLIL HOUSE, PNNURUNNI, VYTTILA, KOCHI-19. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- 1. MR.SUNIL THOMAS,S/O.C.X.THOMAS, CHAMMANY HOUSE, VYLOPPILLY LANE, AZAD ROAD, KALOOR P.O. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.P. RAVEENDRA BABU SRI.PEEYUS A.KOTTAM FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr. P.(Crl)No. 86 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008 O R D E R The prayer of the petitioner, who face indictment in a prosecution under Section 138 of the N.I. Act, which is initiated by the first respondent, is that their case pending before the J.F.M.C.-I may be transferred to the Court of Chief Judicial Magistrate, Ernakaulam, where C.C.22 of 2005 and other connected cases are pending. 2. Notice was given to the respondent. He has entered appearance. The prayer for transfer is not opposed. I am satisfied that the prayer for transfer can be allowed. It is brought to my notice that earlier as per Annex.II order a similar order of transfer has earlier been passed in respect of another connected case. 3. In the result: a) This petition is allowed. b) C.C.1804 of 2004 pending before the J.F.M.C.-I, Ernakulam is transferred to the Court of the Chief Judicial Tr. P.(Crl)No. 86 of 2008 2 Magistrate Ernakulam, where connected C.C.22 of 2005 and other connected cases are pending. c) The learned J.F.M.C.-I shall forthwith transmit the records to the Chief Judicial Magistrate Court, Ernakulam such that the records reach the said court well prior to 5.1.2009. d) The parties shall appear before the court of the Chief Judicial Magistrate on that date to continue the proceedings. (R. BASANT) Judge tm