IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Tr.P(Crl.).No. 15 of 2008() --------------------------- CC.53/2004 of J.M.F.C.,PALA .................... PETITIONER: ACCUSED ----------------------------------- SAMKUTTY ABRAHAM, S/O. LATE A.S.ABRAHAM, AYYAKKAVIL HOUSE, AYIROOR NORTH P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: COMPLAINANT & STATE ------------------------------------------------------------------ 1. LABOUR INDIA PUBLICATIONS LIMITED, MARANGATTUPILLY P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, ANTO JOSEPH. 2. GEETHA MOHAN, EXECUTIVE, LABOUR INDIA PUBLICATIONS, MARANGATTUPILLY P.O., KOTTAYAM DISTRICT. 3. SANTHOSH GEORGE KULANGARA, EXECUTIVE MANAGING DIRECTOR, LABOUR INDIA PUBLICATIONS, MARANGATTUPILLY P.O., KOTTAYAM DISTRICT. 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Tr.Ptn.(Crl)No.15 of 2008 = = = = = = = = = = = = = = Dated this the 21st day of February, 2008 ORDER The petitioner, who is the complainant in C.C.No.37 of 2004 on the file of Chief Judicial Magistrate, Pathanamthitta, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881, is the accused in C.C.No.53 of 2004 before the J.F.C.M, Pala for the very same offence. Even assuming that the contention of the petitioner that both the prosecution arouse out of the very same transaction is true that is not a ground for transferring the case pending before one court to the other court where the other case is pending. Both cases can be tried by the respective courts and this is not a case for joint trial. This Petition is accordingly dismissed. V. RAMKUMAR, JUDGE sj