Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 Tr.P(Crl.).No. 76 of 2012 () ------------------------------------ AGAINST THE ORDER
/JUDGMENT
IN CC2552012 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-III,KOZHIKODE PETITIONER/ACCUSED : -------------------------------- C.C.WILSON, S/O.CHIRIYAKKU, CHERUVATHUR HOUSE, KUNNAMKULAM, PROP. CHERUVATHUR FINANCE, PATTAMBI ROAD, KUNNAMKULAM. BY ADVS.SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENTS/COMPLAINANT & STATE : ------------------------------------------------------- 1. RAJAN CHAMBAYIL HOUSE, CHELANNUR POST, PALLITHAZHAM, KOZHIKODE - 673 634.
2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. R1 BY ADV. SRI.P.V.KUNHIKRISHNAN R2 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON1102-2014, ALONG WITH TPCR. 5/2013 & TPCR. 108/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(Crl.).No. 76 of 2012 () APPENDIX PETITIONER'S ANNEXURES : A1 COPY OF THE LAWYER NOTICE DATED0202.2012 ISSUED ON BEHALF OF THE PETITIONER TO THE1T RESPONDENT. A2 COPY FO THE REPLY NOTICE DATED1502.2012 ISSUED TO THE PETITIONER ON BEHALF OF THE1T RESPONDENT. A3 COPY OF C.C.NO.1329/2012 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, KUNNAMKULAM. A4 COPY OF THE PRIVATE COMPLAINT C.C.255 OF2012ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE, CALICUT DATED2703.2012. RESPONDENTS' ANNEXURES : NIL // True Copy // P.A. To Judge DSV/18/02 P. UBAID, J.
-------------------------------------------------------------------- Tr.P.(Crl) Nos. 76 of 2012, 5 & 108 of 2013 -------------------------------------------------------------------- Dated this the 11th day of February, 2014 COMMON ORDER
The petitioner in Tr.P.(Crl) No.76 of 2012 is the complainant in a case under Section 138 of the Negotiable Instruments Act, pending before the Judicial First Class Magistrate's Court, Kunnamkulam as C.C.No.1329 of 2012. The petitioner in Tr.P.(Crl) No.5 of 2013 is the accused in the said case. His wife Girijabai is the accused in another 138 Negotiable Instruments Act prosecution brought by the very same complainant and it is pending as C.C.No.1093 of 2011 before the same court. After the initiation of the said prosecution against Rajan and his wife, the accused Rajan filed a complaint alleging the offence of forgery against the complainant Wilson in the court of the Judicial First Class Magistrate-III, Kozhikode. The said case is now pending as C.C.No.255 of 2012. The allegation in the said complaint is that the cheques involved in the other two prosecutions were somehow procured by the complainant Wilson, and he created Negotiable Instruments with those cheque leaves by some acts of forgery. Now the request of the complainant Wilson is to transfer C.C.No.255 of 2012 from the court of Judicial First Class Magistrate-III, Kozhikode to the court of Judicial First Class Magistrate, Kunnamkulam, where the other two prosecutions are pending. On getting notice in Tr.P.(Crl.) Tr.P.(Crl)76/12, 5 & 108/13 2 No.76 of 2012, the accused couple filed the other two applications for transfer of the other two cases to the court of Judicial First Class Magistrate-III, Kozhikode.
2. On hearing both sides, this Court finds that it would be unjust and inappropriate to drag the complainant Wilson to Kozhikode for prosecuting the two 138 matters against the accused couple. Of course, it is true that the allegation in the forgery case will have some bearing on the other two cases. It was submitted by the learned counsel for the petitioner in Tr.P.(Crl.)No.76 of 2012 that the accused Rajan brought a complainant alleging forgery just as a counter blast to the 138 prosecution initiated by the complainant, against him and his wife. This Court is not inclined to say anything about the said prosecution alleging forgery at this stage. Let the question of forgery be decided by the very same court dealing with the prosecution under Section 138 of the Negotiable Instruments Act. This Court does not find any reason for transfer of the two N I Act cases to Kozhikode. Just because the accused in the said case has brought complaint of his own after initiation of the prosecution against him, the Court cannot transfer the case to Kozhikode. Let all the cases be decided by the learned Judicial First Class Magistrate, Kunnamkulam, before whom two out of three cases are pending. Tr.P.(Crl)76/12, 5 & 108/13 3 In the result, Tr.P.(Crl) No.5 of 2013 and Tr.P.(Crl) No.108 of 2013 are dismissed and Tr.P.(Crl) No.76 of 2012 is allowed. Accordingly C.C.No.255 of 2012 is transferred from the court of Judicial First Class Magistrate-III, Kozhikode to the court of Judicial First Class Magistrate, Kunnamkulam. The learned Judicial First Class Magistrate- III, Kozhikode will transfer the records of the case immediately to the other court. The parties are directed to appear before the learned Judicial First Class Magistrate, Kunnamkulam on 17.03.2014. Sd/- P. UBAID (JUDGE) // True Copy // P.A. To Judge DSV/13/02 Tr.P.(Crl)76/12, 5 & 108/13 4