Gireesh K vs Manappuram General Finance And on 28 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 93 of 2008()


1. GIREESH K, AGED 24 YEARS,
                      ...  Petitioner

                        Vs



1. MANAPPURAM GENERAL FINANCE AND
                       ...       Respondent

2. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :28/01/2009

 O R D E R
                             R.BASANT, J
                          ----------------------
                       Tr.P.Crl.No.93 of 2008
                    ----------------------------------------
              Dated this the 28th day of January 2009


                               O R D E R

The petitioner faces indictment in a prosecution for

offences punishable under Section 138 of the Negotiable

Instruments Act. According to the petitioner, the entire

transaction took place within the jurisdiction of Tirur police

station with a branch of the complainant at Tirur. The complaint

has been filed before the learned J.F.C.M-II Thrissur solely on

the basis of the assertion that the collection bank is the

Dhanalakshmi Bank Limited at Thrissur. Solely on this assertion,

jurisdiction is conferred to the learned J.F.C.M-II, Thrissur.

2. The learned counsel for the petitioner submits that in

the light of the decision in Santhoshkumar v. K.G.Mohanan

[2008(3) KLT 461], the averments in the complaint are

insufficient to confer jurisdiction on the learned J.F.C.M-II

Thrissur. The learned counsel for the respondent accepts this

submission and I am satisfied that, in the nature of the

averments in the complaint, the transfer prayed for is absolutely

justified.

Tr.P.C.No.93/08 2

3. In the result,

a) This transfer petition is allowed.

b) S.C.No.3699/05 pending before the learned J.F.C.M-II

Thrissur is transferred to the court of the learned J.F.C.M, Tirur.

c) Parties shall appear personally or through counsel

before the transferee court without waiting for any further

directions on 24/2/2009. Considering the long pendency of the

matter, the learned J.F.C.M Tirur shall proceed to dispose of the

case as expeditiously as possible, at any rate, within a period of

four months from the date of appearance.

4. The learned J.F.C.M-II, Thrissur shall forthwith

transmit records to the learned J.F.C.M, Tirur such that the

records shall be available before court on 24/2/2009.

Hand over copy of this order to the learned counsel for the

petitioner. Communicate copy to both courts. Compliance shall

be reported to this court.

(R.BASANT, JUDGE)

jsr

Tr.P.C.No.93/08 3

R.BASANT, J

R.P.F.C.No.

ORDER

11/02/2008