IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Tr.P(Crl.).No. 33 of 2010() ---------------------- ST.186/2006 of J.M.F.C.-IV, KOCHI ............... PETITIONERS : -------------------- 1. MARYKUTTY JOSEPH, W/O. A.J.JOSEPH, ALUNKAL HOUSE, ANICKAD EAST P.O., KOTTAYAM. 2. A.J.JOSEPH, ALUNKAL HOUSE, ANICKAD EAST.P.O., KOTTAYAM. BY ADV. SRI. I. DINESH MENON RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. XAVIER THOMAS, THENGUMPALLIYIL HOUSE, MANJOOR.P.O., KOTTAYAM. 3. M/S. SHRIRAM CITY UNION FINANCE LTD. 40/786, CHITTOOR ROAD, ERNAKULAM-682011, REPRESENTED BY ITS MANAGER. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R3 BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- Tr.P. (CRL.) NO.33 OF 2010 --------------------------------------------- Dated 5th October, 2010 O R D E R First petitioner is the wife of the second petitioner. Third respondent lodged Annexure-C complaint before Chief Judicial Magistrate's Court, Ernakulam against first petitioner based on a dishonoured cheque dated 29/4/2005 for Rs.6,50,000/-, contending that she committed an offence under Section 138 of Negotiable Instruments Act. Chief Judicial Magistrate took cognizance of the offence under Section 138 of Negotiable Instruments Act, which is now pending before Judicial First Class Magistrate Court-IV, Kochi as S.T.186/2006. Based on a complaint filed by the petitioners, crime No.85/2006 was registered against second respondent for the offences under Sections 406 and 420 of Indian Penal Tr.P.33/10 2 Code. Based on the final report submitted after completing the investigation, Judicial First Class Magistrate-I Kanjirappally took cognizance of the offence. It is now pending as C.C.28/2008. This petition is filed by the petitioners contending that both cases are to be tried by the same Court jointly and therefore, either the case pending before Judicial First Class Magistrate's Court-IV, Kochi is to be transferred to Judicial First Class Magistrate -I, Kanjirappally or the case pending before Judicial First Class Magistrate's Court-I, Kanjirappally is to be transferred to Judicial First Class Magistrate's Court-IV, Kochi. 2. Though notice was served on the second respondent/accused in C.C.28/2008, he did not appear or object to the transfer. Third respondent complainant in S.T.186/2006 Tr.P.33/10 3 appeared and objected to the transfer. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. 4. In S.T.186/2006 the question to be decided by the learned Magistrate is whether first petitioner committed an offence under Section 138 of Negotiable Instruments Act on the dishonour of the cheque dated 29/4/2005 drawn on State Bank of Travancore Pallickathodu Branch. The question to be decided in C.C.28/2008 is whether second respondent committed the offences under Sections 406 and 420 of Indian Penal Code, based on alleged breach of conditions of Annexure-A agreement whereunder the vehicle purchased by the first petitioner, on the hire purchase agreement was transferred to the second respondent. Both cases cannot be tried jointly as sought for. At Tr.P.33/10 4 the same time, to avoid conflicting decisions, both the cases are be tried by the same Magistrate. As second respondent did not object to the transfer, C.C.28/2008 is to be transferred to Judicial First Class Magistrate's Court-IV, Kochi as S.T.186/2006 is pending before that Court, so that the same Court could try both the cases. But the prayer for joint trial cannot be allowed. Petition is allowed in part. C.C.28/2008 on the file of Judicial First Class Magistrate's Court-I, Kanjirappally is transferred to Judicial First Class Magistrate's Court-IV, Kochi for disposal. M.SASIDHARAN NAMBIAR, JUDGE. uj.