ORDER

In these 7 matters, the complainant, the petitioner(accused) and the 1st respondent (complainant) are the same persons. The petitioner has been arrayed as accused in 7 separate complaints for offence punishable under Section 138 of the Negotiable Instruments Act at the instance of the 1 st respondent (complainant).

2. The gist of the allegations of the complaint is that the accused and her husband had borrowed a total amount of Rs.21 lakhs from the complainant and in discharge of that liability, the petitioner (accused) had issued the 7 distinct cheques for Rs.3 lakhs each (thus totalling to Rs.21 lakhs) in the aforementioned transaction between the parties. Those cheques when presented by the complainant had resulted in dishonour and that after complying with the requisite formalities in that regard, separate complaints in these 7 cases has been instituted by the complainant

alleging the above said offence under the Negotiable Instruments Act against the petitioner. The case of the petitioner (accused) is that she is a permanent resident of Thiruvananthapuram and that the above said matters are now instituted before the Judicial First Class Magistrate Court-I, Kannur. The 1 st respondent is a resident of Kannur. The dishonoured cheques in question are stated to have been sent for collection at the Bank of the complainant in Kannur. The specific grievance of the petitioner is that she is suffering from brain diseases and undergoing treatment under the Neurology Department at KIMS hospital, Thiruvananthapuram and that she is not in a position to go to Kannur and conduct the cases by appearing and contesting the matters. Hence she has instituted these 7 Transfer Petitions praying that this Court may order the transfer of these 7 matters from the file of the Judicial First Class Magistrate Court-1, Kannur to the Judicial First Class Magistrate Court-XII (Special Court), Thiruvananthapuram. Annexures A-2 and A-3 are copies of the medical records in that regard.

3. Sri.P.U.Shailajan, has taken notice for R1 in all these cases. PP has taken notice for R2 State. Hence service is complete.

4. Heard Smt.M.A.Zohra, learned counsel appearing for the petitioner(accused), Sri.P.U.Shilajan learned counsel appearing for R1 (complainant) and Sri. Saiji Jacob Paletty, learned Public Prosecutor appearing for R2 State.

5. After having heard both sides, this Court is of the view that as at present in the light of the prevailing facts and circumstances, it may be fully proper for this Court to transfer all the 7 cases from Kannur to Thiruvananthapuram which would cause a major inconvenience to the complainant. Complainant is a resident of Kannur and he has presented the cheques in question before his bank at Kannur and therefore in the light of the amended provisions contained in Sec.142(2) of the Negotiable Instruments Act as made effective from 15/06/2015, the court at Kannur is having territorial jurisdiction to try these offences. Of course the said provisions contained in Sec.142(2) of the Negotiable Instruments Act is subject to the judicial power conferred on various courts concerned to order transfer of the cases in terms of the powers conferred to various courts as per the provisions as in Sections 410, 408 and 407 of the Cr.P.C, whereby powers in that regard has been conferred on the Chief Judicial Magistrate, Sessions Court, and the High Court respectively. Over and above this, the constitutional power is also vested with the High Court by virtue of its powers of superintendence over subordinate courts and Tribunals in terms of Article 227 of the Constitution of India for considering said pleas for transfers in exceptional cases. As this Court has already held that it may not be proper as of now to consider the plea for transfer of thes