Baiju v. The Chief Executive Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 Tr.P(Crl.).No. 61 of 2015 ---------------------------------- ST 326/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III, ALUVA, ERNAKULAM TO OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 ALAPPUZHA .........

PETITIONER(S)//ACCUSED:

--------------------------------------- BAIJU, PROPRIETOR, M/S.FAROOQ CONSTRUCTIONS, FATHIMA BUILDING, NEAR VAZHICHERI BRIDGE, ALAPPUZHA.

BY ADVS.SRI.ANIL K.MOHAMMED SRI.V.S.MANSOOR RESPONDENT(S)/COMPLAINANT & STATE:

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1. THE CHIEF EXECUTIVE OFFICER, INFORPARK, THAPASYA BUILDING, KUSUMAGIRI P.O., KOCHI - 682 030.

2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADVS. SRI.JAGAN ABRAHAM M.GEORGE SRI.P.JAYABAL MENON SMT.K.J.GISHA R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02-11-2015, ALONG WITH TPCR. 62/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

msv/

Tr.P(Crl.).No. 61 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A: A PHOTOCOPY OF COMPLAINT IN S.T.268 OF 2010. ANNEXURE B: A PHOTOCOPY OF COMPLAINT IN S.T.326 OF 2010. ANNEXURE C: A PHOTOCOPY OF COMPLAINT IN S.T.105 OF 2012. RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B.KEMAL PASHA, J.

==================== Tr.P.(Crl).Nos. 61 & 62 of 2015 ===================== Dated this the 2nd day of November, 2015

O R D E R

The petitioner, who is the accused in S.T.No.326 of 2010 and S.T.No.268 of 2010 of the Judicial First Class Magistrate's Court-III, Aluva, for the offence under Section 138 of the Negotiable Instruments Act, has sought for the transfer of those two cases to the Judicial First Class Magistrate's Court-I, Alappuzha, where another case against the parties, is pending.

2. As per the recent amendment of the Negotiable Instruments Act, the cases relating to the offence under Section 138 of the Negotiable Instruments Act have to be tried at the courts within whose jurisdiction the cheque has been presented by the drawee. In cases wherein the evidence has been commenced, any such transfer is also not called for.

Tr.P.(Crl).Nos. 61 & 62 of 2015 In the result, these Transfer Petitions (Criminal) are not maintainable, and hence dismissed.

Sd/- B.KEMAL PASHA JUDGE DSV/2/11/15 // True Copy // P.A. To Judge