SINU PRAKASHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE two petitions were filed by the respective accused in C.C.No.1119/2013 and 526/2013 pending before the Additional Chief Judicial Magistrate Court, Ernakulam, to transfer those cases to the Judicial First Class Magistrate Court, Vaikom, under Section 407 of the Code of Criminal Procedure.

(2.) THE common case of both the petitioners in these respective petitions is that, 2nd respondent in both these cases have filed private complaints against the respective petitioners, alleging that, they have issued the disputed cheque in discharge of the liability, which when presented were dishonoured and in spite of notice issued, they have not paid the amount and thereby they have committed the offence punishable under Section 138 of the Negotiable Instruments Act. The respective complainants filed private complaint against the petitioners before the Additional Chief Judicial Magistrate Court, Ernakulam, and after preliminary enquiry, the learned magistrate has taken cognizance of those complaints as C.C.Nos.1119/2013 and 526/2013 respectively under Section 138 of the above said Act and they are now pending before that court. According to the petitioners, they have not issued any cheque to the complainant and there are other litigations pending between the parties before Vaikom court also and misusing the cheques, some of the complainants before the Vaikom court filed these complaints against the petitioners. Further, cheque in both these cases were issued drawn on Federal Bank Ltd., Vaikom Branch and the witnesses to be examined also from Vaikom. Since number of other cases was pending before the Vaikom Judicial First Class Magistrate Court, it is just and proper that, these two cases also to be transferred to the Judicial First Class Magistrate Court, Vaikom, so that, it will be convenient for them to conduct the case. Further in both the cases, they have also stated that, they are females and they will have to travel from Vaikom to Ernakulam, to conduct the case. So they filed the above application, seeking the following relief: in Tr.P.(Crl.) 53/2014 "It is prayed that this Hon'ble Court may be pleased to pass an order directing to transfer CC.No.1119/2013 on the file of the Additional Chief Judicial Magistrate, Ernakulam, to Judicial First Class Magistrate, Vaikom". in Tr.P.(Crl.) 58/2014 "It is prayed that this Hon'ble Court may be pleased to pass an order directing to transfer CC.No.526/2013 on the file of the Additional Chief Judicial Magistrate, Ernakulam, to Judicial First Class Magistrate, Vaikom".

(3.) Heard the learned counsel for the petitioner in both the cases and the learned counsel appearing for 2nd respondents and the learned Public Prosecutor as well.