IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Tr.P(Crl.).No. 34 of 2008() --------------------------- ST.514/2008 of J.M.F.C.-I,KANJIRAPPALLY (LP 12/07) ARISING OUT OF CC NO.517/03) OF THE JFCM COURT-I, KANJIRAPPALLY. .................... PETITIONER: ------------ BALACHANDRAJI,CHAKKAMPUZHA HOUSE, ANIKKAD P.O., KOTTAYAM. BY ADV. SRI.J.ABHILASH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P.SREEKUMAR, ADVOCATE,PONKUNNAM, RESIDING AT CHANDRAKANTHAM,KADYANIKKAD P.O., KOTTAYAM. BY P.P. SRI. JAI GEORGE. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- T.P. (Cri)No. 34 of 2008 ------------------------------------------------- Dated this the 29th day of April, 2008 ORDER The petitioner is the complainant in a prosecution under Sec.138 of the Negotiable Instruments Act. In that case, the accused is a lawyer. The case was transferred to the list of Long Pending Cases. The learned counsel for the accused applied to recall the case from the list of Long Pending Cases. It was reported that the matter is settled. The petitioner's counsel, he now alleges, also reported before court that the matter was settled. As a matter of fact, the matter had not been settled. The petitioner is not willing to settle the matter. He wants the entire cheque amount as also the expenses to be paid to him if he were to settle the matter. The learned Magistrate is now asking the petitioner to accept the composition and terminate the proceedings. The petitioner is not willing to accept the same. It is, in these circumstances, that the petitioner has come to this Court with a request to T.P. (Cri)No. 34 of 2008 -: 2 :- transfer the case to some other court of competent jurisdiction. 2. If the petitioner has not compounded the case, he need only report that fact to the learned Magistrate. If the petitioner is not willing to compound the case, there is no question of the learned Magistrate compelling the petitioner to compound the case. Admittedly, the petitioner's counsel had once reported to the learned Magistrate that the matter has been compounded. In that background, if the learned Magistrate had requested and advised the parties to settle the dispute, I find nothing sinister in such a stand taken by the learned Magistrate as to justify the prayer for transfer. 3. I am, in these circumstances, not persuaded to agree that this transfer petition deserves to be admitted and considered favourably. The petitioner can inform the learned Magistrate that he has not compounded the offence. Thereupon the learned Magistrate will certainly be obliged to dispose of the case on merits and in accordance with law. 4. With the above observations, this petition is dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge