Samkutty Abraham vs Labour India Publications … on 21 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(Crl) No. 15 of 2008()


1. SAMKUTTY ABRAHAM, S/O. LATE A.S.ABRAHAM,
                      ...  Petitioner

                        Vs



1. LABOUR INDIA PUBLICATIONS LIMITED,
                       ...       Respondent

2. GEETHA MOHAN,

3. SANTHOSH GEORGE KULANGARA,

4. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.MVS.NAMBOOTHIRY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :21/02/2008

 O R D E R
                            V. RAMKUMAR, J.

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                         Tr.Ptn.(Crl)No.15 of 2008

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            Dated this the 21st  day of February, 2008


                                    ORDER

The petitioner, who is the complainant in C.C.No.37 of

2004 on the file of Chief Judicial Magistrate, Pathanamthitta,

which is a prosecution under Section 138 of the Negotiable

Instruments Act, 1881, is the accused in C.C.No.53 of 2004

before the J.F.C.M, Pala for the very same offence.

Even assuming that the contention of the petitioner that

both the prosecution arouse out of the very same transaction is

true that is not a ground for transferring the case pending before

one court to the other court where the other case is pending.

Both cases can be tried by the respective courts and this is not a

case for joint trial.

This Petition is accordingly dismissed.

V. RAMKUMAR, JUDGE

sj