Kerala High Court
Indira Gandhi Memorial General ... vs Royce Abraham on 29 July, 2010
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 36 of 2010()
1. INDIRA GANDHI MEMORIAL GENERAL MARKETING
... Petitioner
Vs
1. ROYCE ABRAHAM, MANAGING PARTNER,
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.M.J.THOMAS
For Respondent :SRI.JOHN JOSEPH VETTIKAD
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/07/2010
O R D E R
V.RAMKUMAR, J.
-------------------------------------
Tr.P (Crl).No.36 OF 2010
--------------------------------------
Dated this the 29th day of July, 2010
ORDER
Petitioner is the complainant in S.T.No.216/2009 on the file of the J.F.C.M Court-IV, Kottayam involving an offence punishable under Section 138 of the Negotiable Instruments Act against the 1st respondent. The petitioner is also the complainant in S.T.No.2869/2009 on the file of the J.F.C.M Court-I, Kottayam involving the very same offence against the 1st respondent himself and committed within a span of few weeks. The petitioner seeks a transfer of both the cases to one of the above two Courts for trial of both the cases by the same Magistrate. The petitioner relies on Section 219 Cr.P.C.
2. The learned counsel for the 1st respondent, who is the common accused in both the cases submit that the transactions involved are different, the amount involved in the cheques are different and his defences are also dissimilar in both the cases and if both the cases are jointly tried, it will prejudice his defences.
Tr.P (Crl).No.36 OF 2010 : 2 :
3. Joint trial is a question which will have to be considered by the Magistrate at the appropriate stage after hearing both sides . At present the only prayer which is acceptable is for transfer of both the cases to one court. Accordingly, S.T.No.2869/2009 pending before the J.F.C.M Court-I, Kottayam shall be transferred to J.F.C.M Court-IV, Kottayam, where S.T.No.216/2009 is pending. The question as to whether the above cases can be jointly tried or not will have to be decided by the learned Magistrate after hearing both sides. This Transfer Petition (Crl.) is disposed of as above.
V.RAMKUMAR, JUDGE dmb