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2005 Supreme(SC) 119

Supreme Court Of India
Y.K. SABHARWAL AND P.P. NAOLEKAR, JJ.
GLOBAL INFRASTRUCTURE & TECHNOLOGIES LTD.- Appellant
Versus
G.K. BUILDERS AND OTHERS - Respondents.
Criminal Appeals Nos. 145-47 of 2005 with Nos. 148 of 2005, 149 of 2005, 150-52 of 2005, 160 of 2005, 153 of 2005, 154 of 2005, 155 of 2005, 156 of 2005, 157 of 2005, 158 of 2005 and 159 of 2005,
Decided on January 20, 2005

Headnote:

Criminal Procedure Code, 1973, Section 406- - Negotiable Instruments Act S. 138- Transfer of complaints- Admittedly, as of now, twenty-six complaint cases, were pending in various courts at Mumbai, Pune and Sholapur- Parties agreed that all the twenty-six complaint cases shall be heard and decided by the appropriate courts at Pune- Directions issued that ten complaint cases pending at Mumbai and six complaint cases pending at Sholapur, shall stand transferred to the appropriate courts at Pune.[Paras 3 to 5 ]

ORDER

1. Heard the learned counsel for the parties.

2. Leave granted.

3. By the common impugned judgment, the High Court has transferred some of the cases from Mumbai to Pune, some from Pune to Mumbai and some from Sholapur to Mumbai filed under Section 138 of the Negotiable Instruments Act. Admittedly, as of now, twenty-six complaint cases, details whereof are given in the impugned judgment, are pending in various courts at a Mumbai, Pune and Sholapur. Ten complaint cases are pending in the courts at Mumbai and ten at Pune and six complaint cases are pending in the Magisterial Court at Sholapur.

4. The learned counsel for the parties have agreed that all the twenty-six complaint cases shall be heard and decided by the appropriate courts at Pune, which means that ten complaint cases pending in various Magisterial Courts at Mumbai and six complaint cases pending at Sholapur shall be transferred to the appropriate court at Pune.

5. In view of the aforesaid, we set aside the impugned judgment and direct that ten complaint cases pending at Mumbai and six complaint cases pending at Sholapur, details whereof are given in paras (3) and (5) of the impugned judgment respectively, shall stand transferred to the appropriate C courts at Pune.

6. Regarding the prayer for grant of exemption to some of the accused. We have no doubt that if applications for exemptions are made in respect of the accused other than the signatory of cheques, namely, Mr Ramesh Seth, appropriate orders will be passed granting them exemption by the d Magistrate(s) concerned.

7. The criminal appeals are, accordingly, disposed of.

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