RAJU MAMBATTA Vs. JIMMY JOSEPH

JUDGEMENT

(1.) The petitioner is accused for the offence punishable under S.138 of the Negotiable Instruments Act in S.T.C. No. 32 of 2016 on the file of the Judicial First Class Magistrate Court, Tirur, instituted on the basis of a complaint filed by the first respondent herein.

(2.) The dishonoured cheque dated 06/05/2014 is said to be for an amount of Rs.3,50,000.00. The cheque has been drawn from the account of State Bank of India, Tirur Branch, Malappuram. It is not in dispute that the cheque was sent for collection by the complainant through his account at North Malabar Gramin Bank, Payyavoor. It is stated that Annexure - A complaint was filed before the Judicial First Class Magistrate Court, Thaliparamba, Kannur District.

(3.) According to the petitioner / accused, the first respondent / complainant has deliberately chosen to file the complaint at Thaliparamba as a pressure tactics in order to burden and harass the accused unnecessarily. It is the case of the petitioner / accused that he has to examine the Bank Manager and other witnesses who were all at Tirur, to prove his innocence. It is stated that the cheque has been drawn from the account of State Bank of India, Tirur Branch, Malappuram District, and that the Bank officials are all based at Tirur, in Malappuram District. It is on this premise that the petitioner would urge that in order to ensure the smooth adducing evidence by the accused, the case may be transferred from the file of the Magistrate Court at Thaliparamba, Kannur District, to the Magistrate Court at Tirur, Malappuram District.