High Court Kerala High Court

K.Umaiba vs State Of Kerala And Another on 19 August, 2008

Kerala High Court
K.Umaiba vs State Of Kerala And Another on 19 August, 2008
       

  

  

 
 
  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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