IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Tr.P(Crl.).No. 39 of 2008() --------------------------- CMP.1720/2008 of J.M.F.C., PATTAMBI .................... PETITIONER: PETITIONER/COMPLAINANT ---------------------------------- T. MOIDEEN, AGED 45, S/O. LATE MOHAMMEDKUTTY, THEKKETHIL HOUSE, THRITHALA PANCHAYATH, CHANGATIRI POST, MATTAYA DESOM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS: RESPONDENTS/ACCSED 1 - 3 & STATE OF KERALA ------------------------------------------------------- 1. ABDUL SALAM, S/O. ABDUL KHADER, DOOR NO. 8.448, SANKUVARATHODU, KALPATHY POST, PALAKKAD. 2. MUJEEBRAHIMAN, S/O. YAKOOB, PALAKUNNAM HOUSE, KINASSERY POST, PALAKKAD TALUK. 3. MOHAMMEDKUTTY, S/O. ABDUL KAREEM, PULLANIYIL HOUSE, NJANATTIRI POST, PATTAMBI VIA THRITHALA PANCHAYATH. 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. SRI.SAJAN VARGHEESE K. FOR R1 SRI.LIJU. M.P FOR R1 SRI.VINOD KUMAR.C FOR R3 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.C. No. 39 of 2008 ------------------------------------------------- Dated this the 28th day of August, 2008 ORDER Against the petitioner, respondents 1 and 2 have filed complaints under Sec.138 of the Negotiable Instruments Act and those complaints are pending before the learned Judicial Magistrate of the First Class-II, Palakkad, as S.T.Nos.1006/06 and 1505/07. Those complaints are initiated by respondents 1 and 2. According to the petitioner, there has been no transaction with respondents 1 and 2 and he had handed over the cheques to the 3rd respondent herein. He filed a complaint before the learned Judicial Magistrate of the First Class, Pattambi. The learned Judicial Magistrate of the First Class, Pattambi, has now taken cognizance of the offence and the same is pending as C.C.No.420/08. That is pending against respondents 1 to 3. Tr.P.C. No. 39 of 2008 -: 2 :- 2. The learned counsel for the petitioner prays that the subject matter of the three cases being integrally connected, there may be a direction that all the three cases are disposed of by the same court. Respondents 1 and 3 have entered appearance. The learned counsel submits that they have no objection if the cases were transferred to the Judicial Magistrate of the First Class-II, Palakkad, where the cases instituted by them are pending. Respondent No.2 has not entered appearance. 3. Considering all the circumstances, I am satisfied that the directions for transfer can be issued as prayed for ensuring that respondents 1 to 3 are not put to any unnecessary hardships and loss because of the transfer. 4. In the result: (a) This transfer petition is allowed. (b) C.C.No.420/08 pending before the learned Judicial Magistrate of the First Class, Pattambi, is transferred to the Court of the learned Judicial Magistrate of the First Class-II, Palakkad, where S.T.Nos.1006/06 & 1505/07 are pending. Parties shall appear before that court on 17/9/2008 without waiting for any further notice. (c) The learned Judicial Magistrate of the First Class, Tr.P.C. No. 39 of 2008 -: 3 :- Pattambi, shall forthwith transmit the records in C.C.NO.420/08 to the learned Judicial Magistrate of the First Class-II, Palakkad. Parties shall appear before that without waiting for any further notice from the court. (d) The learned Judicial Magistrate of the First Class-II, Palakkad, shall make every endeavour to dispose of these three cases as expeditiously as possible – at any rate, within a period of six months from 17/9/2008. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.C. No. 39 of 2008 -: 4 :- R. BASANT, J. ------------------------------------------------- Tr.P.C. No. 39 of 2008 ------------------------------------------------- Dated this the 6th day of June, 2008 ORDER Heard. Admitted. Issue notice to the respondents 1 to 3. Give notice to the learned counsel for the respondents 1 to 3 who are appearing before the court below and file a memo to that effect. Crl.M.A.No.3029/0; There shall be a direction to the learned Judicial Magistrate of the First Class, Pattambi, to expeditiously complete the proceedings in CMP No.1720/08. There shall be a further direction that the trial in S.T.No.1006/06 an d 1505/07 pending before the Judicial Magistrate of the First Class-II, Palakkad, shall not be commenced until further orders. Call on 7/7/08. (R. BASANT, JUDGE) Nan/ Tr.P.C. No. 39 of 2008 -: 5 :- HO