IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(Crl) No. 3 of 2007()
1. MALABAR CHIT FUNDS (PVT) LTD.,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. STANLY K.C.,
For Petitioner :SRI.A.AHZAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/02/2007
O R D E R
R. BASANT, J.
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T.P.(Crl.).No. 3 of 2007
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Dated this the 19th day of February, 2007
O R D E R
This petition is filed by the petitioner, who is the complainant
in a prosecution under Section 138 of the N.I. Act., for transfer of
C.C.No. 133 of 2003 pending before the Judicial First Class
Magistrate, Pala to any court at Calicut. Proceedings under Section
138 of the N.I. Act were initiated at Pala. The petitioner now wants
the case to be transferred to any court at Calicut. The same is
convenient to both parties, as the petitioner has his office at Calicut
and the second respondent has his place of residence at Calicut. In
these circumstances it is submitted that the transfer of the case to
Courts at Calicut would advance the interests of both parties.
2. The respondent has been served. There is no appearance for
the second respondent. I must, in these circumstances, assume that
the second respondent/accused has no objection against the proposed
transfer and the transfer shall catter to the interests of convenience to
both parties.
Crl.M.C.No. 3 of 2007 2
3. This transfer petition is, in these circumstances, allowed.
C.C.No. 133 of 2003 pending before the Court of Judicial First Class
Magistrate -I, Pala is transferred to the Court of Judicial First Class
Magistrate -I, Calicut. The parties shall appear before that Court on
26.3.2007. The learned Judicial First Class Magistrate – I, Pala shall
forthwith forward the records to the Judicial First Class Magistrate -I,
Calicut and shall direct the parties to appear before that Court on
26.3.2007.
(R. BASANT)
Judge
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