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2008 Supreme(Online)(KER) 2008

HIGH COURT OF KERALA
R.BASANT, J
PREMY UNNI @ PREMI SUNIL – Appellant
Versus
DINESH BABU S & ANOTHER – Respondent


O R D E R

The petitioner is the accused in a prosecution under Section

138 of the N.I. Act. That case is pending before the JFMC-I, Palghat as S.T.374 of 2007. Long prior to the initiation of the said prosecution, the petitioner had filed a complaint and on the basis of that C.C.345 of 2007 is now pending before the JFMC-I, Ernakulam. In that case, C.C.345 of 2007, the allegation is that cheques, including the cheque involved in S.T.374 of 2007, were thieved by the complainant in the Section 138 prosecution. That proceedings was initiated earlier. It is subsequently that S.T. 374 of 2007 was initiated at Palghat. In the prosecution at Palghat, the petitioner has not entered appearance. But a warrant of arrest has been issued against the petitioner.

2. The petitioner has come to this Court with a prayer that the case pending before the JFMC-I, Palghat may be transferred to the JFMC-I, Ernakulam, where the other case is pending. The cases are in the nature of allegation and counter allegation in respect of the same cheque and there is every reason why the same judicial mind must try the two cases and come to appropriate decision.

3. The learned counsel for the petitioner further submit

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