IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 8 of 2008()
1. P.C.ABDULLA, S/O KHADER KUTTY,
... Petitioner
Vs
1. P.P.VELAYUDHAN, S/O CHATHU,
... Respondent
2. K.K.USMAN, S/O ALAVI,
3. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/06/2008
O R D E R
R.BASANT, J
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Tr.P.(Crl.) No.8 of 2008
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Dated this the 17th day of June, 2008
ORDER
The petitioner faces indictment in two separate
prosecutions, both under Section 138 of the Negotiable
Instruments Act. It is the case of the petitioner that both the
complaints are bereft of any merit or truth. Two cheques, which
the petitioner had allegedly handed over to one Dr.Rukhia, are
being misutilised by her in collusion with the two complainants in
this case to foist false and vexatious complaints against the
petitioner, it is alleged. As the two cases are pending before two
different courts, the petitioner is put to considerable difficulties
and harassment. Proper trial is not possible in these
circumstances. It is hence prayed that there may be a direction
to transfer either of these cases to ensure that both the cases are
disposed of by the same court. The learned counsel for the
petitioner fairly submits that the petitioner does not want to make
any choice. The case can be transferred to either court on the
choice of the respondents/complainants, it is submitted.
Tr.P.(Crl.) No.8 of 2008 2
2. The respondents/complainants have been served. The
1st respondent alone has entered appearance. I must assume that
the 2nd respondent has no objection against the proposed
transfer. The case filed by the 1st respondent is pending before
the Judicial Magistrate of the First Class-VI, Kozhikode. I am, in
these circumstances, satisfied that C.C.272 of 2007 pending
before the Judicial Magistrate of the First Class-I, Parappanangadi
filed by the 2nd respondent can be transferred to the Judicial
Magistrate of the First Class-VI, Kozhikode.
3. In the result, this Transfer Petition is allowed. It is
directed that C.C.272 of 2007 pending before the Judicial
Magistrate of the First Class-I, Parappanangadi shall be
transferred to the Judicial Magistrate of the First Class-VI,
Kozhikode, where S.T.58 of 2007 is pending. The learned Judicial
Magistrate of the First Class-I, Parappanangadi shall direct the
parties to appear before the Magistrate at Kozhikode on 28.07.08
and shall forward the records to that court. Parties shall appear
before the Judicial Magistrate of the First Class-VI, Kozhikode on
28.07.08.
(R.BASANT, JUDGE)
rtr/-