IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Tr.P(Crl.).No. 110 of 2004() ---------------------------- CC.2490/2001 of J.M.F.C.-I,KOCHI CRA.388/2004 of V ADDL. DISTRICT COURT, ERNAKULAM .................... PETITIONER: ------------ P.K.AHOK KUMAR, S/O.KARUNAKARAN, AGED 44 YEARS, RESIDING AT 71, GIRI NAGAR, KADAVANTHRA, COCHIN-20. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------- 1. PALAMATTOM CHITTIES PVT. LTD., AMBADI BUILDINGS, OPPOSITE SHENOY'S THEATRE, KOCHI-35, REP. BY ITS MANAGING DIRECTOR 2. ABDUL MAJEED RAWTHER (SINCE DIED), MANAGING DIRECTOR, PALAMATTOM CHITTIES PVT. LTD., AMBADI BUILDINGS, OPPOSITE SHENOY'S THEATRE, KOCHI-35. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Tr.P.Crl.No.110 of 2008 ---------------------------------------- Dated this the 28th day of May 2008 O R D E R The petitioner is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. Altogether four accused persons were arrayed. Accused 1 and 2 were found guilty, convicted and sentenced. They have preferred an appeal and the same is pending before the Sessions Court. Of those two appellants, the second accused/appellant has expired now, it is submitted. Appeal filed by the first accused is pending before the Sessions Court. Against the acquittal of accused 3 and 4, the petitioner has preferred an appeal before this court and the same is pending before this court as Crl.A.No.1697/04. The appeal before the Sessions Court is pending as Crl.A.No.388/04 before the Sessions Court, Ernakulam. The petitioner has come to this court with the prayer that the appeal pending before the Sessions Court may be withdrawn to this court for disposal along with the appeal pending before this court. The first accused is the company. Second accused was the signatory to the cheque and an office bearer of the company. Third and fourth accused are also allegedly office bearers of the company; but the finding of the trial court is that they cannot be mulcted with culpable Tr.P.C.No.110/04 2 liability under Section 141 of the Negotiable Instruments Act. Respondents have not entered appearance. The second respondent is dead, it is submitted. 2. I am of the opinion in these circumstances that it is not at all necessary for this court to withdraw the appeal pending before the Sessions Court preferred by the first accused against conviction. Considering the nature of the contentions raised in the appeal against acquittal - regarding the culpable responsibility of the third and fourth accused, there can be no conflict of findings and I am satisfied that the interests of justice shall be eminently served by directing the learned 5th Additional Sessions Judge to dispose of Crl.A.No.388/04 as expeditiously as possible at any rate within a period of one month from the date on which a copy of this order is placed before the Sessions Court. The petitioner can request this court to take up Crl.A.No.1697/04 only thereafter. 3. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Sessions Judge. Compliance shall be reported to this court by the learned Sessions Judge. (R.BASANT, JUDGE) jsr Tr.P.C.No.110/04 3 Tr.P.C.No.110/04 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007