IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Tr.P(Crl.).No. 62 of 2008() --------------------------- CC.511/2008 of J.M.F.C.-I,HOSDRUG .................... PETITIONER: ------------- M/S.ALHIND TOURS & TRAVELS (P) LTD MARKAZ COMPLEX, MAVOOR ROAD, KOZHIKODE REPRESENTED BY ITS REGIONAL MANAGER, V.J.FRANCIS, PAROPPADI, VENGERI P.O., KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: ---------------- 1. K.HASSAINAR, S/O.ABDULLAH, P.O.KEEKAN, HOSDURG, KANHANGAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI.P.A. SALIM R1 BY ADV. SRI.KODOTH SREEDHARAN THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Tr.P.(Crl). No. 62 OF 2008 ----------------------------------------------- Dated this the 13th day of October, 2008 O R D E R The petitioner is the accused in CC No.511/08 pending before the JFMC I, Hosdurg. Allegations are raised against the petitioner in a private complaint filed by the 1st respondent herein in that case. Cognizance has been taken. The case is pending before JFCM-I, Hosdurg. 2. On the complaint filed by the petitioner, CC No.41/08 is pending before the JFMC-I, Kozhikode. That prosecution is under Section 138 of the Negotiable Instruments Act. The 1st respondent herein is the sole accused in that crime. The petitioner has come to this Court with a prayer that CC No.511/08 pending before the JFMC-I, Hosdurg may be transferred to the JFMC-I, Kozhikode where the prosecution under Section 138 of the Negotiable Instruments Act is pending. 3. Parties are in agreement and I am persuaded to agree that interests of justice will be served ideally by directing that both these prosecutions are disposed of by the same court. Such disposal, I am satisfied, will avoid conflict of findings and shall Tr.P.(Crl). No. 62 OF 2008 -:2:- advance the interest of justice eminently. 4. The only dispute is as to which court must be directed to dispose of both the cases. Counsel for the petitioner prays that the JFMC-I, Kozhikode, where the prosecution under Section 138 of the Negotiable Instruments Act is pending, may be directed to dispose of both the case. Learned counsel for the 1st respondent prays that the JFMC-I, Hosdurg where the latter prosecution under Section 468 IPC is pending may be directed to dispose of both the cases. 5. I have considered all the relevant inputs. I shall, at this early stage, not venture to hazard of opinin as to which case is true and which case is not true. I shall not also attempt to opine authentically to prove as to which case has been instituted as a counter blast to the other case. Suffice to say that my attention has been drawn to the averments in the complaint filed by the 1st respondent, vis-a vis the averments in the reply notice to the notice of demand. Having gone through all the relevant inputs, I am persuaded to agree with the counsel for the petitioner that the interests of justice shall be served ideally by directing the JFMC-I, Tr.P.(Crl). No. 62 OF 2008 -:3:- Kozhikode before which CC No.41/08 is pending to dispose of both the cases. 6. In the result: a) This Tr.P(Crl) is allowed. b) CC No.511/08 pending before the JFMC-I, Hosdurg is transferred to JFMC-I Kozhikode where CC No.41/08 is pending. c) JFMC-I, Hosdurg shall forthwith transfer the records in CC No.511/08 to JFMC-I, Kozhikode. Parties shall appear before the JFMC-I, Kozhikode on 10.11.08 without waiting for any further directions from courts. 7. Needless to say that the accused in the 138 prosecution shall be entitled to claim the benefit of the general directions issued in Jain Babu V. Joseph [2008(4) KLT 16]. R. BASANT, JUDGE ttb Tr.P.(Crl). No. 62 OF 2008 -:4:- Tr.P.(Crl). No. 62 OF 2008 -:5:-