IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 104 of 2006()
1. A.GLADSTON, S/O.ABRAHAM,
... Petitioner
2. SURENDRAN, S/O.NARAYANADAS,
Vs
1. M/S.SAKTHI FINANCE LTD.,
... Respondent
For Petitioner :SRI.J.S.AJITHKUMAR
For Respondent :SRI.P.SANTHALINGAM (SR.)
The Hon'ble MR. Justice T.K.CHANDRASEKHARADAS(RETD. JUDGE)
The Hon'ble SHRI K. Justice J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)
Dated :26/06/2008
O R D E R
JUSTICE T.K.CHANDRASEKHARA DAS
(RETD. JUDGE, HIGH COURT OF KERALA)
AND
SRI.K.J.THOMAS STANLEY
(RETD. DISTRICT JUDGE)
===================================
R.F.A.No.104 of 2006
===================================
Dated this the 26th day of June, 2008
AWARD
Both parties and their counsel are present. They stated
that they have settled the matter. In the light of the settlement,
it was agreed that in full satisfaction of the claims of the plaintiff
in the court below, an amount of Rs.85,000/- agreed to be paid to
the plaintiff by the defendant. Parties have also stated that
Rs.20,000/- has already been paid to the plaintiff and balance of
Rs.65,000/- is being paid today and it has been paid before us
and received by S.Krishna Pillai, Branch Manager, Sakthi
Finance Ltd., Thiruvananthapuram. In view of this, the
respondent's claim has been fully satisfied and the matter has
been closed. The court fee paid by the appellant shall be
refunded.
T.K.CHANDRASEKHARA DAS
(RETD. JUDGE, HIGH COURT OF KERALA)
K.J.THOMAS STANLEY
(RETD. DISTRICT JUDGE)
dvs
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+Tr.P(Crl.).No. 35 of 2007()
#1. K.R.VENUGOPAL @ VENUNADHA PILLAI,
... Petitioner
Vs
$1. MANUKUMAR S.,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
! For Petitioner :SRI.V.PHILIP MATHEW
^ For Respondent :PUBLIC PROSECUTOR
*Coram
The Hon'ble MR. Justice R.BASANT
% Dated :26/06/2008
: O R D E R
R. BASANT, J.
———————————————–
Tr.P(Crl) No. 35 OF 2007
———————————————–
Dated this the 26th day of June, 2008
O R D E R
This petition is to transfer a case pending before the JFCM-
II, Thodupuzha to any other court outside Idukki district.
2. What is the reason? The petitioner is the accused in a
prosecution under Section 138 of the NI Act. The 1st respondent
herein is the complainant in that case. The 1st respondent is an
advocate practising in the courts at Thodupuzha. As the
complainant is an advocate practising there, petitioner apprehends
that he may not get a fair trial at such a centre.
3. The 1st respondent who has entered appearance fairly
submits that if the petitioner has any such an apprehension, he
has no objection to transfer the case to any other court where he
is not practising. Learned counsel for the petitioner submits that
the case may be directed to be transferred to any other court
outside the district. Learned counsel for the 1st respondent prays
that the case may be transferred to the court at Adimali which is
one of the nearest courts where the petitioner is an accused in a
police charge case under Sections 403 and 406 IPC. The interest
Tr.P(Crl). No. 35 OF 2007
2
of the petitioner will not suffer in any manner if the case is
transferred to that court, it is submitted.
4. Learned counsel for the petitioner submits that the case
may be transferred to the court at Muvattupuzha which is nearer to
the court at Thodupuzha. The fact that the petitioner’s (another)
case is pending at Adimali is not disputed. Considering all the
relevant facts, the request of the petitioner to direct transfer can be
accepted and at the same time the request of the 1st respondent
that the case may be transferred to Adimali court can also be
accommodated.
5. In the result:
i) This petition is allowed.
ii) ST No.161/2006 pending before the JFCM-II,
Thodupuzha shall be transferred to the JFCM Court,
Adimali. Parties shall appear before the Court at
Adimali on 28.07.08, without waiting for any further
directions from that Court.
iii) The JFCM-II, Thodupuzha shall forthwith transfer
the records to the JFCM Court, Adimali and such
records shall be made available on or before 28.07.08.
JFCM Court, Adimali shall proceed to dispose of the
Tr.P(Crl). No. 35 OF 2007
3
case as expeditiously as possible, at any rate within a
period of three months from the date on which the
parties appear before the learned Magistrate, i.e., on
28.07.08.
R. BASANT, JUDGE
ttb
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