The petitioner herein has been facing prosecution in five cases under Section 138 of the Negotiable Instruments Act. Three of those cases are pending before the Judicial First Class Magistrate Court-I, Sulthan Bathery, and two other cases are pending before the Judicial First Class Magistrate Court -IV, Kozhikode. The petitioner seeks orders for transfer of the case from Kozhikode to Sulthan Bathery. His case is that there is commonness in the defence pleaded by him. The 1st respondent herein is the complainant in C.C No.127 of 2013 before the Judicial First Class Magistrate Court-IV, Kozhikode. In spite of notice, he remained absent. It appears that he has no grievance, and that he does not object the transfer requested by the petitioner. True it is, that the parties are different and the transactions are also different. But I find that there is something common in the defence pleaded by the accused in different cases. So, it is appropriate that the request be Tr.P(C) No.78 of 2014 2 allowed. In the result, this petition is allowed. C.C No.127 of 2013 before the Judicial First Class Magistrate Court-IV, Kozhikode will stand transferred to the Judicial First Class Magistrate Court-I, Sulthan Bathery. The learned Judicial First Class Magistrate Court-IV, Kozhikode will transmit the records of C.C 127 of 2013 without delay to the other court.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge