IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(Crl) No. 31 of 2007()
1. V.S. VIJAYAN, AGED 45 YEARS,
... Petitioner
2. C.K. RAJAPPAN, AGED 60 YEARS,
3. A. BHASKARAN, AGED 57 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. K.P. SASI, AGED 40 YEARS,
For Petitioner :SRI.R.PUSHPANGATHAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/01/2008
O R D E R
R.BASANT, J
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Tr.P(Crl.).No.31 of 2007
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Dated this the 1st day of January, 2008
ORDER
Petitioner is the complainant in a prosecution under Section
138 of the Negotiable Instruments Act, which is pending before
the J.M.F.C-I, Ernakulam against the 2nd respondent herein. That
complaint is pending as C.C.No.1943 of 2004.
2. After the said complaint was filed, long later, the 2nd
respondent filed a private complaint before the J.M.F.C,
Malappuram alleging that offences punishable, inter alia, under
Sections 420 and 465 have been committed by the petitioner
herein and 2 others in respect of the very same cheque.
Cognizance has been taken by the learned Magistrate and the
said case is now pending before the J.M.F.C, Malappuram as
C.C.1033 of 2006.
3. The short plea of the learned counsel for the petitioner
is that the two cases are in the nature of a case and counter case
in the sense that allegations and counter allegations about the
same cheque have been made in the two cases. The petitioner
Tr.P(Crl.).No.31 of 2007 2
prays that in the interests of justice, C.C.No.1033 of 2006
pending before the J.M.F.C, Malappuram may be directed to be
transferred to the J.M.F.C-I, Ernakulam, where C.C.1943 of 2004
between the same parties in respect of the same cheque is
pending.
4. The learned counsel for the respondent opposes the
application. I am satisfied that the interests of justice demand
that the 2 cases must be disposed of by the same court
reckoning the allegations therein as in the nature of allegations
and counter allegations.
5. The only question that remains to be decided is
whether the trial must be directed to be held at Ernakulam or at
Malappuram. I am satisfied, considering the nature of allegations
and all the facts and circumstances and that C.C.1943 of 2004
was earlier filed before the J.M.F.C-I, Ernakulam, the interests of
justice will be served ideally by directing the J.M.F.C-I,
Ernakulam to hold the trial in both cases.
6. This Transfer Petition is accordingly allowed.
C.C.No.1033 of 2006 pending before the J.M.F.C, Malappuram is
Tr.P(Crl.).No.31 of 2007 3
transferred to the court of J.M.F.C-I, Ernakulam, where C.C.1943
of 2004 is pending. The learned Judicial Magistrate of the First
Class, Malappuram shall forthwith transmit records to the Judicial
Magistrate of the First Class-I, Ernakulam. The learned Judicial
Magistrate of the First Class, Malappuram shall also direct the
parties to appear before the Judicial Magistrate of the First Class-
I, Ernakulam on 04.02.08. Parties shall appear before that court
on 04.02.08.
(R.BASANT, JUDGE)
rtr/-