IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Tr.P(Crl.).No. 11 of 2010() --------------------------- ST.2792/2006 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED: ---------------------------------------- P.K.ABDUL KHADER, S/O.LATE P.K.MOHAMMED, KARIMPANAKKAL HOUSE, ACCODE (PO), VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. MR.T.K.AJITH KUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. M/S.SREE GOKULAM CHIT & FINANCE CO.LTD., KONDOTTY BRANCH, REP. BY ITS BUSINESS MANAGER, MR.A.SASIDHARAN, AGED 47 YEARS, (KONDOTTY POLICE STATION LIMIT). 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. MR.K.S.BABU, SMT.N.SUDHA. R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ T.P.(CRL.)NO.11 OF 2010 ------------------------------------------ Dated 5th March 2010 O R D E R Petitioner is the accused and first respondent, the de facto complainant in S.T.2792/2006 on the file of Chief Judicial Magistrate, Thrissur taken cognizance for the offence under Section 138 of Negotiable Instruments Act, on Annexure-A complaint. Petition is filed to transfer the case from the Chief Judicial Magistrate, Thrissur to Judicial First Class Magistrate, Malappuram. 2. Though petition is filed challenging the jurisdiction of Chief Judicial Magistrate, Thrissur to try the case, learned counsel appearing for the first respondent submitted that Chief T.P.(Crl.) 11/10 2 Judicial Magistrate, Thrissur has jurisdiction to try the case. Learned counsel appearing for the petitioner then submitted that first respondent complainant is from Kondotty and petitioner is from Accode of Malappuram district and in such circumstances, it will be convenient for both parties to try the case at Malappuram. 3. I do not find it necessary in the petition to decide the question whether Chief Judicial Magistrate, Thrissur has jurisdiction to try the case. When first respondent is from Kondotty and petitioner is also from Malappuram, it will not cause any prejudice to first respondent, if the case is transferred to Malappuram for trial. In such circumstances, S.T.2792/2006 on the file of Chief Judicial Magistrate, T.P.(Crl.) 11/10 3 Thrissur is transferred to Judicial First Class Magistrate, Malappuram for trail and disposal in accordance with law. Chief Judicial Magistrate, Thrissur is directed to send the records to the Judicial First Class Magistrate, Malappuram immediately. M.SASIDHARAN NAMBIAR, JUDGE. uj.