IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939 Tr.P(C).No. 16 of 2018 OS.NO.39/2015 OF MUNSIFF'S COURT, KARUNAGAPPALLY ------------

PETITIONER/DEFENDANT:

S.PRAMOD CHAKRAVARTHI, AGED 41, S/O.SARASAN, PANKAJA MANDIRAM, PUTHENTHURA P.O.,NEENDAKARA VILLAGE, KOLLAM DISTRICT, PIN-691 588.

BY ADVS.SRI.JOSEPH GEORGE SMT.NICEY A. MENON RESPONDENT/PLAINTIFF:

ASHOKAN, AGED 58, S/O.SUNDARESAN, KARAYIL HOUSE, PUTHENTHURA P.O., NEENDAKARA VILLAGE, KOLLAM DISTRICT, PIN-691 588.

BY ADVS. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-02-2018, ALONG WITH TR.P(C).NO. 19 OF 2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts Tr.P(C).No. 16 of 2018 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1 COPY OF PLAINT IN OS.NO.39/2015 ON THE FILE OF HON'BLE MUNSIFF'S COURT, KARUNAGAPPALLY.

ANNEXURE A2 COPY OF WRITTEN STATEMENT IN O.S.NO.39/2015 ON THE FILE OF HON'BLE MUNSIFF'S COURT, KARUNAGAPPALLY.

RESPONDENT'S ANNEXURES: NIL /TRUE COPY/

P.S.TO JUDGE sts ALEXANDER THOMAS, J.

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Tr.P(C).Nos.16 & 19 of 2018 ==================

Dated this the 8^th day of February, 2018

O R D E R

The prayer in Tr.P(C).No. 16/2018 is as follows:

“..... to pass an order withdrawing O.S.No. 39/2015 from the files of Hon'ble Munsiff's Court, Karunagappally and transfer the same to the Hon'ble Munsiff's Court, Kollam or any other competent court in Kollam District.

The prayer in Tr.P(C).No. 19/2018 is as follows:

“..... to pass an order withdrawing O.S.No. 40/2015 from the files of Hon'ble Munsiff's Court, Karunagappally and transfer the same to the Hon'ble Munsiff's Court, Kollam or any other competent court in Kollam District.”

2. Heard Sri.Joseph George, learned counsel appearing for the petitioner/defendant in both the cases and Sri.A.S.P.Kurup, learned counsel appearing for the respondent/ plaintiff in both the cases

3. These transfer petitions arise out of two suits (O.S.No.39 and O.S.No. 40/2015, both on the file of the Munsiff's Court, Karunagappally), in which the parties are the same. The petitioner herein has been arrayed as the sole defendant in the two suits. Both the suits have been filed by the respondent/plaintiff for realization of money. According to the respondent/ plaintiff, the petitioner/defendant had borrowed an amount of Rs.3,70,000/- and that when the respondent demanded for return of money, the petitioner/plaintiff had issued two cheques and the said two cheques have been dishonoured on presentation before the bank. The Tr.P(C)16/18 & cc petitioner had sent reply denying the liability. The respondent had issued statutory demand notices under Sec.138 of the Negotiable Instruments Act and had thereafter filed two separate private criminal complaints alleging that the petitioner herein had committed offence punishable under Sec. 138 of the Negotiable Instruments Act. Both the said private criminal complaints were initially filed before the Judicial First Class Magistrate's Court, Karunagappally and later, as per the orders passed by the Chief Judicial Magistrate's Court, Kollam, those criminal complaints were transferred to the Judicial First Class Magistrate's Court, Kollam, where they had been numbered as S.T.Nos.1763 and 1764 of 2015. The amount claimed in O.S.No.39/2015 [relatable to transfer petition No.16/2018] is Rs. 3,22,400/- and the amount claimed in O.S.No. 40/2015 [relatable to Tr.P(C).No. 19/2017] is Rs.1,36,400/-. The petitioner's specific case is that he is a practising lawyer at Karunagappally and that he finds it extremely embarrassing to face the litigative proceedings in Karunagappally as he is intimately known to most of the members of the bar and that it is on this basis that he seeks transfer of the case from the Munsiff's Court, Karunagappally to Munsiff's Court, Kollam. It is also seen that the Chief Judicial Magistrate's Court, Kollam, has already ordered the transfer the abovesaid