ABRHAM GEORGE versus K.R.RAMAKRISHNAN NAIR

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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ABRHAM GEORGE v. K.R.RAMAKRISHNAN NAIR - Tr P(Crl) No. 40 of 2007 [2007] RD-KL 9303 (4 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(Crl) No. 40 of 2007()

1. ABRHAM GEORGE,
... Petitioner

Vs

1. K.R.RAMAKRISHNAN NAIR,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.V.BIJU JOSEPH

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :04/06/2007

O R D E R

R. BASANT, J.

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T.P.(Cr.).No. 40 of 2007
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Dated this the 4th day of June, 2007

O R D E R

The petitioner is the complainant in a prosecution under Section 138 of the N.I. Act. According to him he had filed the complaint before the C.J.M. Court, Ernakulam thinking that such course is justified by the dictum in Bhaskaran v. Balan (1999 (3) KLT 440 (SC). In view of the later decision in Ahammedkutty Haji v. State of Kerala (2007 (1) KLT 68), the petitioner is now satisfied that the learned C.J.M. does not have jurisdiction to deal with the matter and the same has to be considered and decided by the learned Judicial First Class Magistrate, Pala. Accordingly this petition has been filed.

2. Notice was issued to the respondent. The notice is returned with the endorsement that it is unclaimed. I am satisfied that sufficient notice has been given.

3. The case filed before the C.J.M. Ernakulam has since been transferred to the J.F.C.M.- III, Kochi. I am satisfied that the prayer for transfer can be allowed.  T.P.(Cr.).No. 40 of 2007 2

4. This petition is allowed. S.T.No. 2708 of 2006 pending before the J.F.C.M.-III, Kochi is transferred to the Court of J.F.C.M., Pala. The learned Magistrate, Kochi, shall transmit the records to the J.F.C.M.-III, Pala. The petitioner shall appear before the said Court on 16.7.2007 to continue the proceedings. (R. BASANT) Judge tm 

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