IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 58 of 2008()
1. ANTONY VARGHESE, S/O. VARGHESE,
... Petitioner
Vs
1. KUNJACHAN.P.Y, S/O. YOHANNAN,
... Respondent
2. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.ABRAHAM MATHEW (VETTOOR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/10/2008
O R D E R
R. BASANT, J.
-----------------------------------------------
Tr.P.(Crl). No. 58 OF 2008
-----------------------------------------------
Dated this the 23rd day of October, 2008
O R D E R
The petitioner is the accused in a prosecution under Section
138 of the Negotiable Instruments Act. The
respondent/complainant had filed a complaint before the Judicial
First Class Magistrate Court-I, Kollam and cognizance has been
taken. The cheque is drawn on the Andra Bank, Ernakulam
branch. According to the petitioner the complainant resides at
Ernakulam. He had presented the cheque for encashment
through the Eloor Service Co-operative Bank Ltd., Udyogamandal
branch. But the notice of demand was issued by a counsel at
Kollam. Alleging that the cause of action has arisen at Kollam, the
complaint was filed before the Court at Kollam and cognizance
was taken. Petitioner contends that no part of the cause of action
has arisen at Kollam. To justify the initiation of proceedings
before the Court at Kollam, it was asserted that the notice of
demand has been issued by the counsel at Kollam. There is no
circumstances whatsoever that can justify the initiation of
proceedings before the Kollam Court, it is submitted. The
Tr.P.(Crl). No. 58 OF 2008
-:2:-
petitioner stoutly contends that the complainant does not has his
place of residence at Kollam and that the cheque was not handed
over at Kollam.
2. At this stage it would be hazardous for this Court to
resolve the controversy on facts as to whether the complainant
resides at Kollam or whether the cheque was handed over at
Kollam or not. It is by now trite that mere fact that notice of
demand was issued through a counsel at Kollam, shall not confer
the jurisdiction on the courts at Kollam to entertain a complaint
under Section 138 of the Negotiable Instruments Act.
3. I have considered whether the transfer sought would
advance the cause of justice. The complainant, it does appear
has roots at Ernakulam, he having presented the cheque for
encashment at his account with a bank at Udyogamandal branch.
I am in these circumstances satisfied that the transfer can be
directed as prayed for. Such a direction, I am satisfied shall
advance the interests of justice. The learned counsel for the
respondent in the course of arguments, accepts that transfer can
Tr.P.(Crl). No. 58 OF 2008
-:3:-
be directed as prayed for.
4. In the result:
a) This Tr.P(Crl) is allowed.
b) CC No.1125/07 pending before the JFMC-I, Kollam is
transferred to the court of JFMC, North Paravoor. JFMC-
I, Kollam shall forthwith transmit records to the JFMC,
North Paravoor. The parties are directed to appear
before the JFMC, North Paravoor on 24.11.08 without
waiting for any further notice/process from the court.
5. Communicate this order to both counsel.
R. BASANT, JUDGE
ttb
Tr.P.(Crl). No. 58 OF 2008
-:4:-
Tr.P.(Crl). No. 58 OF 2008
-:5:-