High Court Kerala High Court

Rema Devi.C.V. vs V.Damodharan on 2 February, 2009

Kerala High Court
Rema Devi.C.V. vs V.Damodharan on 2 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(Crl.).No. 11 of 2009()


1. REMA DEVI.C.V., W/O.NARAYANAN,
                      ...  Petitioner

                        Vs



1. V.DAMODHARAN, S/O.KRISHNAN,
                       ...       Respondent

2. K.K.RAJAMANI, EMPLOYED AS CLERK AT

3. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :02/02/2009

 O R D E R
                             R. BASANT, J.
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                    Tr.P.(Crl.).No. 11 of 2009
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            Dated this the 2nd day of February, 2009

                                O R D E R

The petitioner is the defacto complainant in C.C.546 of

2006 pending before the J.F.M.C., Tellicherry. Respondents 1

and 2 herein are the accused in that case. Allegations have been

raised, inter alia, under Sections 420 and 465 I.P.C. in that case.

Trial in the case has not commenced. Allegation is raised in

respect of a cheque leaf in that case.

2. The same cheque is the subject matter of another

proceedings between the parties. The first respondent is the

complainant in that case and the petitioner herein is the accused.

That prosecution is under Section 138 of the N.I. Act. The same

is now pending before the learned J.F.M.C, Vadakara as S.T.C.

301 of 2006.

3. The petitioner has now come to this Court with a prayer

that there may be a direction for transfer of S.T.C.301 of 2006

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from the file of the J.F.M.C. Vadakara to the file of the J.F.M.C.

Tellicherry.

4. It is admitted that a similar application was filed as Tr.P.C. 55

of 2006, which was pending from 2006 to 2008. No steps were taken

to ensure the presence of the respondent/complainant/first respondent

in that proceedings. In these circumstances this court, after noting that

the peremptory directions have not been followed, dismissed the

petition on 26.6.2008 after turning down the request of the petitioner

for further time to take steps.

5. Long later, the petitioner appears to have woken up from the

slumber now to file this petition on 22.1.2009. It is admitted that the

trial in S.T.C. 301 of 2006 has already commenced and the chief

affidavit has already been filed. The petitioner now repeats the prayer

which was already raised in the transfer petition 55 of 2006 that the

case pending before the J.F.M.C. Vadakara may be ordered to be

transferred.

6. I find absolutely no merit in the prayer. It appears to be

transparently evident that the petitioner is only playing for time. I find

Tr.P.(Crl.).No. 11 of 2009
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no reason why even after dismissal of the transfer petition on

26.6.2008 the petitioner could and should have waited till 22.1.2009 to

file this petition. For the reason that the petitioner has not been alert in

taking action in the matter, I am satisfied that this petition has got to be

dismissed.

7. This petition is accordingly dismissed.

(R. BASANT)
Judge
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