Salin.K.S vs Reena Roy
2021 Latest Caselaw 5271 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                    Tr.P(Crl.).No.45 OF 2020

   AGAINST THE ORDER/JUDGMENT IN ST 1627/2019 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS ,MATTANNUR


PETITIONER/S:

              SALIN.K.S
              AGED 38 YEARS
              S/O. SUGUNAN, KAROTTUPARAMBIL HOUSE,
              KOOTHATTUKULAM P.O., KOOTHATTUKULAM KARA, PIN-
              686 662.

              BY ADV. SHRI.SACHIN RAMESH

RESPONDENT/S:

      1       REENA ROY
              AGED 40 YEARS
              THEKKUMURY HOUSE, KOOTHATTUKULAM P.O.,
              KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK,
              ERNAKULAM DISTRICT, PIN-686 662 NOW RESIDING AT
              MANJALLOOR KARA, MANJALLOOR VILLAGE, PIN-686
              670.

      2       STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM, COCHIN-682 031.


OTHER PRESENT:

              SMT. M. K. PUSHPALATHA, SR.PP

     THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 12.02.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Case No. Tr.P(Crl.)No.45/2020


                                        -2-


                                  ORDER

The prayer in this Transfer Petition is to transfer S.T.No.1627 of 2019 on the files of the court of the Judicial Magistrate of First Class, Mattannoor to the court of the Judicial Magistrate of First Class - III, Muvattupuzha, for the trial and disposal in accordance with law.

2. Service is complete. However, there is no appearance for the first respondent.

3. Heard the learned counsel for the petitioner.

4. Annexure -1 complaint was filed by the first respondent herein against the petitioner alleging offence under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act'). Annexure -2 complaint was filed by the same complainant against the petitioner alleging offence under Section 138 of the N.I. Act. Annexure - 1 complaint is pending before the court of the Judicial Magistrate of First Class - III, Muvattupuzha and Anneuxre -2 complaint is pending before the court of the Judicial Magistrate of First Class, Mattannur. Case No. Tr.P(Crl.)No.45/2020

Annexure -1 would show that the permanent residence of the complainant is in Koothattukulam. Anneuxre -1 complaint is pending before the court of the Judicial Magistrate of First Class - III, Muvattupuzha, whereas Annexure - 2 complaint is pending before the court of the Judicial Magistrate of First Class, Mattannoor. Since the petitioner is residing in Koothattukulam and the first respondent is having permanent residence in Koothattukulam, it will be convenient to both sides if S.T. No.1627 of 2019 is transferred to the court of the Judicial Magistrate of First Class III, Muvattupuzha, particularly when the connected matter is pending before that court. In view of the above, I am inclined to allow this transfer petition.

In the result, this Transfer Petition stands allowed, transferring S.T. No.1627 of 2019 (Annexure - A2) on the files of the court of the Judicial Magistrate of First Class, Mattannoor to Case No. Tr.P(Crl.)No.45/2020

the court of the Judicial Magistrate of First Class - III, Muvattupuzha, for the trial and disposal, in accordance with law.

The case records shall be transmitted to the

transferee court forthwith.

The petitioner shall appear before the transferee court on 5.4.2021 without further notice.

sd

B. SUDHEENDRA KUMAR, JUDGE.

dl/ Case No. Tr.P(Crl.)No.45/2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE COMPLAINT IN C.C.NO.249/2019 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT AT KOOTHATTUKULAM.

ANNEXURE 2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MATANNOOR, (STC NO.1627/2019) AND THE SUMMONS RECEIVED FROM THE JFCM COURT MATTANNOOR.