IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 48 of 2008()
1. K.UMAIBA,
... Petitioner
2. P. UTHUMAN KUTTY, AMBALAPPARA,
Vs
1. STATE OF KERALA AND ANOTHER
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/08/2008
O R D E R
R. BASANT, J.
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Tr.P.(Crl.).No. of 48 2008
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Dated this the 19th day of August, 2008
O R D E R
The petitioner is the accused in a prosecution under Section
138 of the N.I. Act. Her short grievance is that the complainant,
by showing an artificial address at Trivandrum, has sought to
maintain this prosecution under Section 138 of the N.I. Act at
Trivandrum. No part of the cause of action has arisen at
Trivandrum. The complainant, claiming to be residing at a
temporary address at Trivandrum, has sought to maintain the
complaint at Trivandrum.
2. Notice was issued. The respondent has entered
appearance. It is admitted that the complainant has his
permanent residence at Ottapalam. He was temporarily residing
at Trivandrum and it is during such temporary residence that he
allegedly presented the cheque at his bank at Trivandrum and
which was dishonoured. I am satisfied, in these circumstances,
that the transfer prayed for can be allowed in the interests of
justice.
Tr.P.(Crl.).No. of 48 2008
2
3. This transfer petition is allowed. S.T. 675 of 2006 pending
before the J.F.M.C. – IX, Trivandrum is transferred to the Court of
J.F.M.C. Ottapalam. Both parties shall appear before the J.F.M.C.
Ottapalam on 15.9.2008 to continue the proceedings. The J.F.M.C.-IX,
Trivandrum shall forthwith transmit the records to the J.F.M.C.
Ottapalam such that the records are available before the Ottapalam
court before 15.9.2008.
4. The counsel for the respondent prays that there may be a
direction for expeditious disposal. I need only observe that every
endeavour must be made by the J.F.M.C. Ottapalam to dispose of the
case as expeditiously as possible, at any rate before 31.12.2008.
Communicate copy of the order to both courts.
(R. BASANT)
Judge
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