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SUPREME COURT OF INDIA
Y.K. SABHARWAL AND D.M. DHARMADHIKARI, JJ.
VIDEOCON INTERNATIONAL LTD.APPELLANT;
VERSUS
SUJANA CORPN. LTD. AND OTHERSRESPONDENTS.
CRIMINAL APPEAL NO. 13 OF 2005, DECIDED ON JANUARY 5, 2005
Criminal Procedure Code, Section 406 - Negotiable Instruments Act, Section 138 - Transfer and Consolidation of cases -Complaints pending in Hyderabad and Mumbai were transferred to be heard at one place, namely, Ahmednagar- The High Court, by the its order, set aside the order of the Magistrate, and directed consolidation of all the complaints. Held the High Court misinterpreted the order which only directed transfer of complaints to Ahmednagar in view of the difficulties which had been brought to the notice of the Court by Respondent 1- Order of the High Court modified to the extent it directs all the complaints to be heard together, but all the complaints would be heard and tried at an appropriate court at Ahmednagar. [Paras 2 and 3]
ORDER
1. LEAVE GRANTED.
2. PURSUANT TO OUR ORDER DATED 1O-2-2003TT PASSED IN TRANSFER PETITIONS (CRL.) NOS. 441-45 OF 2002, THE COMPLAINTS MENTIONED IN THE SAID ORDER WERE TRANSFERRED TO THE CHIEF JUDICIAL MAGISTRATE, AHMEDNAGAR SO THAT THEY MAY BE HEARD TOGETHER AT ONE PLACE. IT IS EVIDENT FROM THE SAID ORDER THAT THE COMPLAINTS PENDING IN HYDERABAD AND MUMBAI WERE TRANSFERRED TO BE HEARD AT ONE PLACE, NAMELY, AHMEDNAGAR. THE HIGH COURT, BY THE IMPUGNED ORDER, SETTING ASIDE THE ORDER OF THE MAGISTRATE, HAS DIRECTED CONSOLIDATION OF ALL THE COMPLAINTS. THAT IS NOT THE ORDER DATED 10-2-2003TT. THE HIGH COURT SEEMS TO HAVE MISINTERPRETED OUR ORDER WHICH ONLY DIRECTED TRANSFER OF COMPLAINTS TO AHMEDNAGAR IN VIEW OF THE DIFFICULTIES WHICH HAD BEEN BROUGHT TO THE NOTICE OF THE COURT BY RESPONDENT 1.
3. IN THIS VIEW, THE IMPUGNED ORDER IS MODIFIED TO THE EXTENT IT DIRECTS ALL THE COMPLAINTS TO BE HEARD TOGETHER, BUT ALL THE COMPLAINTS WOULD BE HEARD AND TRIED AT AN APPROPRIATE COURT AT AHMEDNAGAR.
4. THE APPEAL STANDS ALLOWED TO THE ABOVE LIMITED EXTENT.
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