IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Tr.P(Crl.).No. 96 of 2006() --------------------------- CC.342/2005 of J.M.F.C.-II,THAMARASSERY .................... PETITIONER: ACCUSED ------------------------- MARY, W/O.BABY, PUTHENPURAYIL HOUSE, NELLARIYIL, VETTILAPPARA P.O., AREEKKODE DESOM, ERNAD TALUK, MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------------------ 1. DEVASSIYA, S/O.CHACKO, ELANJIKKAL HOUSE, SHANTHI NAGAR, KODENCHERRY AMSOM, KOZHIKODE TALUK. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Tr.P(Crl) No. 96 OF 2006 ----------------------------------------------- Dated this the 26th day of June, 2008 O R D E R Petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act which is now pending before the JFCM Court-II, Thamarassery. That case reached the stage of evidence and the chief affidavit has already been filed by the complainant in that case. In respect of the same cheque alleging that an offence of forgery under Section 465 IPC has been committed by the complainant in the 138 prosecution, CC No.278/05 is pending before the Court of CJM, Manjeri. Petitioner prays that the case pending before the Thamarassery court may be transferred to the court of CJM, Manjeri so that the same court can consider the allegations and counter allegations in respect of the cheque in question. 2. The respondent has been served. There is no representation for the respondent. Having considered all the relevant circumstances, I am satisfied that the case pending before the CJM Manjeri can be directed to be transferred to the Tr.P(Crl). No. 96 OF 2006 2 court of JFCM, Thamarassery. I take resort to this Course as the earlier offence is committed in the complaint under Section 138 of the Negotiable Instruments Act and I do also take into account the fact that trial in the 138 prosecution has already been commenced with the filing of the proof affidavit. 3. The learned counsel for the petitioner submits that the petitioner is a woman and she will have to travel from Malappuram to Thamarassery to take part in the trial. The petitioner can apply for exemption and I find no reason why in a prosecution under Section 138 of the Negotiable Instruments Act that the personal presence of the accused should be ritualistically insisted by the learned Magistrate. The learned Magistrate, I observe need not insist on the personal appearance of the petitioner, unless such presence is necessary for any specific purpose for the progress of the trial. 4. This petition is accordingly allowed. CC No. 278/05 pending before the CJM Court, Manjeri is transferred to the court of JFCM-II, Thamarassery, where CC No.342/05 is pending. 5. Communicate copy of this order to both courts. The Tr.P(Crl). No. 96 OF 2006 3 Manjeri court shall forthwith transfer the records to the Thamarassery Court and the parties shall be directed to appear before that Court on 21.07.2008. R. BASANT, JUDGE ttb Tr.P(Crl). No. 96 OF 2006 4 Tr.P(Crl). No. 96 OF 2006 5