IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Crl.Rev.Pet.No. 405 of 2008() --------------------------------- S.T.NO. 953/2006 of J.F.C.M-IV, KOZHIKODE .................... REVN. PETITIONER: PETITIONER: ----------------------------- SORNIYA, AGED 32 YEARS, W/O. T.P.ABDUL MAJEED, ANAPPARA HOUSE, UNNIKULAM, THAMARASSERY. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: RESPONDENTS/STATE: -------------------------------------------- 1. M/S. DHANESWARI CHITS PVT. LTD., ROOM NO.C.23, 3RD FLOOR, MALABAR GATE, RAMMOHAN ROAD, CALICUT-4, REPRESENTED BY ITS MANAGER, V.N.KUTTY, S/O.VASUDEVAN NAIR, AGED 53 YEARS. 2. K.K. SURESHKUMAR, S/O. APPAKURUP, DIRECTOR, M/S. DHANESWARI CHITS PVT. LTD., KARAKKUNNUMMAL VEEDU, NANMINDA, P.O. KOZHIKODE. 3. RAJAN K., DIRECTOR, M/S. DHANESWARI CHITS PVT. LTD., KARAKKUNNUMMAL VEEDU, NANMINDA, P.O. KOZHIKODE. 4. DINESAN K., DIRECTOR, M/S. DHANESWARI CHITS PVT. LTD., RESIDING AT 23/714A, MAHESWARI, OVATHI THARA, KALLAI, KOZHIKODE. CRL.R.P.NO. 405/2008 : 2 : 5. PRADEEPAN T.P., DIRECTOR, M/S. DHANESWARI CHITS PVT. LTD., THALAPPOLI PARAMBA VEEDU, KOTHAMAKKAL, QUILANDY. 6. RAMDAS CHILAMBAN, DIRECTOR, M/S. DHANESWARI CHITS PVT. LTD., RESIDING AT 33/597C, NEAR BYE PASS ROAD, MEENCHANDA, KALLAI P.O., KOZHIKODE. 7. V.P. UHAMMED JAFFER, DIRECTOR, M/S. DHANESWARI CHITS PVT. LTD., V.P. HOUSE, COLLEGE ROAD, RAMANATTUKARA P.O., KOZHIKODE. 8. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 405 of 2008 ========================== Dated this the 15th day of February, 2008. ORDER The petitioner, who is the sole accused in S.T. No. 953/2006 on the file of the Judicial First Class Magistrate-IV, Kozhikode in a prosecution under Section 138 of the Negotiable Instruments Act, seeks a transfer of C.M.P. No. 160/2008 which is a private complaint filed by him before the Judicial First Class Magistrate-II, Perambra alleging that the cheque which is the subject matter of the complaint, S.T. No. 953/2006, is a forged one and that the transaction relied on is a fraudulent transaction. His application for transfer filed as C.M.P No. 160/2008 before the Sessions Court, Kozhikode was dismissed as per the order dated 06.02.2008. S.T. No. 953/2006 is admittedly at the final stage and what remains to be done is the only hearing of the arguments. The petitioner must have received the statutory notice in S.T. No. 953/2006 in the year 2006 itself. But he chose to file the private complaint before the J.F.C.M-II, Perambra only on 25.07.2007. Without being vigilant, he cannot seek a transfer CRL.R.P. NO. 405/2008 : 2 : of the private complaint to the court where the trial of the cheque case is virtually over. It is also doubtful whether the private complaint registered as C.M.P. No. 2737/2007 before the Perambra court can be treated as a case and can be dealt with under Sections 408 and 407 Cr.P.C unless the cognizance is taken and a case number is assigned. Accordingly, this Crl. R.P is disposed directing the J.F.C.M-II, Perambra to expedite the disposal of C.M.P.No. 2737/2007 by considering the same within 10 days of receipt of a copy of this order. In case that court takes cognizance of the offences alleged and assigns a number to the case, it shall be transferred to the J.F.C.M-IV, Kozhikode which shall proceed with the case in accordance with law. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 405/2008 : 3 :