IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16687 of 2008(J) -------------------------- CC.291/2006 of J.M.F.C.-II, KOCHI .................... PETITIONER: ------------ R. KRISHNA KUMAR, S/O. K. RAMACHANDRA IYER PROPRIETOR, M/S. KRISHNA AGENCIES JEW TOWN, KOCHI – 2. BY ADV. SRI.B.RAMACHANDRAN RESPONDENTS: ------------- METRO PACKAGING, KINFRA PARK NELLAD P.O. MUVATTUPUZHA, REP. BY ITS POWER OF ATTORNEY HOLDER O.S. JOBY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 16687 of 2008 J - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2008 JUDGMENT The short grievance of the petitioner is that in C.C. 291 of 2006, which is a prosecution under Section 138 of the N.I. Act, non-bailable warrant is issued against him even when his application for transfer is pending before the learned Sessions Judge as Transfer Petition No.2540 of 2008. No stay has been granted by the learned Sessions Judge in that transfer petition, though notice has been ordered to the complainant. The prayer is to direct transfer of two cases between the same parties, both under Section 138 of the N.I. Act, pending before two different courts. 2. The petitioner did not cross examine the complainant in the present case as the transfer petition was being filed. The learned Magistrate noted that there was no cross examination for the petitioner and posted the case for S.313 examination. On that day as no order of stay was obtained from the Sessions Court, W.P.C.No. 16687 of 2008 2 the learned Magistrate directed issue of non-bailable warrant against the petitioner. 3. The learned counsel for the petitioner submits that execution of the warrant would result in great prejudice. He prays that direction may be issued to keep further proceedings in C.C.291 of 2006 in abeyance until the transfer petition is disposed of. 4. I find merit in the submissions of the learned counsel for the petitioner. I am satisfied that there can be a direction that no further proceedings must be taken in C.C.291 of 2006 pending before the J.F.M.C., Kochi till 20.6.2008. I further direct the learned Sessions Judge to pass interim orders on 20.6.2008 if the transfer petition is not disposed of on that date. I need only mention that I expect the learned Sessions Judge to dispose of the transfer petition expeditiously considering the state of events to which I have already referred to. 5. This Writ Petition is allowed with the above observations. (R. BASANT) Judge tm