ORDER

Though second respondent/complainant is served, there is no response.

2. Request of petitioner is to transfer C.C.No.46 of 2008 from the court of learned Judicial First Class Magistrate-II, Ottappalam to the court of learned Judicial First Class Magistrate-I, Ottappalam . That is a case involving offence punishable under Section 138 of the Negotiable Instruments Act. Reason stated is that the court of learned Judicial First Class Magistrate-II is situated on the up stair of the building, petitioner is a cardiac asthma patient and is unable to climb the steps every now and then to attend the court. Petitioner made a request to the learned Sessions Judge, Palakkad by filing Crl.M.C.No.3934 of 2010 but that request was turned down by Annexure-5, order. Hence this petition. Learned counsel submitted that in view of physical inconvenience of petitioner to climb the steps the case may be transferred to the court of learned Judicial First Class Magistrate-I, Ottappalam. I have heard learned Public Prosecutor also.

3. I have gone through Annexure-5, order. Learned Sessions Judge observed that there is no merit in the request for transfer and the request for transfer is made in view of s