ANNAMMA ANTONY Vs. MADHUSOODANAN O V

JUDGEMENT

(1.) In these 7 matters, the complainant, the petitioner(accused) and the 1st respondent (complainant) are the same persons. The petitioner has been arrayed as accused in 7 separate complaints for offence punishable under Section 138 of the Negotiable Instruments Act at the instance of the 1st respondent (complainant).

(2.) The gist of the allegations of the complaint is that the accused and her husband had borrowed a total amount of Rs.21 lakhs from the complainant and in discharge of that liability, the petitioner (accused) had issued the 7 distinct cheques for Rs.3 lakhs each (thus totalling to Rs.21 lakhs) in the aforementioned transaction between the parties. Those cheques when presented by the complainant had resulted in dishonour and that after complying with the requisite formalities in that regard, separate complaints in these 7 cases has been instituted by the complainant alleging the above said offence under the Negotiable Instruments Act against the petitioner. The case of the petitioner (accused) is that she is a permanent resident of Thiruvananthapuram and that the above said matters are now instituted before the Judicial First Class Magistrate Court-I, Kannur. The 1st respondent is a resident of Kannur. The dishonoured cheques in question are stated to have been sent for collection at the Bank of the complainant in Kannur. The specific grievance of the petitioner is that she is suffering from brain diseases and undergoing treatment under the Neurology Department at KIMS hospital, Thiruvananthapuram and that she is not in a position to go to Kannur and conduct the cases by appearing and contesting the matters. Hence she has instituted these 7 Transfer Petitions praying that this Court may order the transfer of these 7 matters from the file of the Judicial First Class Magistrate Court-1, Kannur to the Judicial First Class Magistrate Court-XII (Special Court), Thiruvananthapuram. Annexures A-2 and A-3 are copies of the medical records in that regard.

(3.) Sri.P.U.Shailajan, has taken notice for R1 in all these cases. PP has taken notice for R2 State. Hence service is complete.