IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Tr.P(Crl.).No. 115 of 2009 ------------------------------------ [ST.NO.2140/2008 OF J.M.F.C.-I MUVATUPUZHA] .................... PETITIONER/ ACCUSED: ----------------------------------- ABOOBACKER, KUTTICHERIL HOUSE, VAZHAPPALLY PANCHAYATH, CHETHIPUZHA VILLAGE, CHANGANASSERY. BY ADVS. MR.K.A.HASSAN, SMT.JULIA PRIYA RESHMY, MR.K.H.SAYYED ALIKHAN, SMT.ABHITHA KHAN RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. C.K. SAJAN @ SHAJAN KURUVILA, S/O. KURUVILA, CHUNDAYIL HOUSE, MEKKDAMBU.P.O, VAIKOM VILLAGE, MUVATTUPUZHA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR. SALIM. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 26/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== Tr.P(Crl).No. 115 OF 2009 =========================== Dated this the 26th day of November,2009 ORDER Petitioner is the accused in S.T.2140/2008 on the file of Judicial First Class Magistrate Court, Muvattupuzha taken cognizance for an offence under section 138 of Negotiable Instruments Act, on the complaint filed by the first respondent. This petition is filed for transferring the case to some other court from Muvattupuzha either to Kottayam or to Ernakulam contending that first respondent is an Advocate practicing at Muvattupuzha and the counsel appearing for the petitioner in the Muvavattupuzha court informed the petitioner that he will not get justice, as first respondent is a practicing advocate therein. Learned counsel appearing for the petitioner submitted that in such circumstance, the case be transferred either to a court at Ernakulam or to Kottayam. 2. On hearing the learned counsel, I do not find any reason to transfer the case as sought for . I do not feel that a Presiding Officer will favour a complainant or an accused, on the ground that he is a Tr.P(Crl)115/2009 2 practicing advocate therein. The Magistrate can decide the case only on the evidence before him. He will not be influenced by the fact that either the complainant or the accused is an advocate. A Judicial Officer should be above all these considerations. I have no reason to believe that Magistrate will either be biased or prejudiced on the ground that the complainant is an advocate practicing at Muvattupuzha. Learned counsel submitted that first respondent has filed a civil suit. It is also not a ground to order transfer. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006