Pastor Jacob Thomas vs P.M.Philiphose on 8 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 71 of 2009()


1. PASTOR JACOB THOMAS,
                      ...  Petitioner

                        Vs



1. P.M.PHILIPHOSE, MANAGING PARTNER,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SRI.C.S.MANILAL

                For Respondent  :SRI.  K.SHAJ

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :08/07/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
         Tr.P(Crl)No.71 & 72        OF 2009
            ===========================

       Dated this the 8th day of July,2009

                        ORDER

Petitioner in Tr.P(Crl) 71/2009 is the accused in

S.T.1133/2009 on the file of Judicial First Class

Magistrate Court-I, Pathanamthitta. Petitioner in Tr.P

(Crl)72/2009 is the accused in S.T.1700/2007 on the

file of the same court. First respondent in both the

cases is the same complainant before the learned

Magistrate. These petitions are filed to transfer the

cases to Judicial First Class Magistrate,II, Kottayam.

2. Though notice was served on the first

respondent, he did not appear or object to the transfer

either in Tr.P(Crl) 71/2009 or in Tr.P(Crl) 72/2009.

3. Learned counsel appearing for the petitioners

was heard.

4. Learned counsel appearing for the petitioners

pointed out that first respondent is a registered

partnership firm with the registered Office at

Manarcadu, Kottayam and both the complaints are filed

alleging offence under section 138 of Negotiable

Instruments Act and the cheques were drawn at Kottayam

Tr.P(Crl)71/09 & 72/09 2

and petitioners are also residing at Kottayam and the

complaints were filed at Pathanamthitta alleging that the

cheques were presented for encashment through Kozhencherry

Branch of Pathanamthitta District Co-operative Bank Ltd.

It is contended that all the dishonoured cheques in respect

of these two cases and two other cases filed by first

respondent against the other sureties Kunjukunju David and

Chandi are all in respect of the same transaction and

though the cases were filed against Chandi and Kunjukunju

David before Judicial First Class Magistrate Court,

Pathanamthitta, those cases were already transferred to

Kottayam and in such circumstances, these cases are also to

be transferred.

5. As the first respondent did not appear or raise any

objection and as it is convenient and better to try all the

cases by the same Magistrate, petitions are allowed.

6. S.T.1133/2009 and S.T.1700/2007 on the file of

Judicial First Class Magistrate Court No.I, Pathanamthitta

are transferred to Judicial First Class Magistrate Court-

II, Kottayam. Judicial First Class Magistrate is

directed to transmit the records to Judicial First Class

Magistrate-II, Kottayam immediately.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006