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V.K.T. AHILRAMANI, J.
Baron Telecom (I) Ltd. - Appellant
Versus
State of Maharashtra - Respondent
Criminal Appln. No.2468 of 2008 (For Transfer)
Decided On : 08/29/2008
Mr. MANIS BOHRA, Adv. i/b. A. S. Khan & Associates, for the Applicants.
Mr. V. B. KONDE-DESHMUKH. APP. for the State.
Mr. CHANDRA SHEKHARAN, Adv. for Respondent No.2.
Headnote:Negotiable Instruments Act (1881), S.138 Criminal P.c. (1973), Ss.408, 482:- Where there are three cases of cheque bouncing pending against the accused in three different courts, all the proceedings transferred to Court of Metropolitan Magistrate, 30th Court, Mumbai as per the consent of the complainant on the conditions put forward by him being complied.
Heard both sides.
2. The applicants are facing prosecution in three cases under Section 138 of Negotiable Instruments Act. The said cases are Complaint No.4216/SS/2005 pending before the learned 30th Metropolitan Magistrate Court, Mumbai. C.C. No.360/2005 pending before the learned J.M.F.C., 1st Court. Panvel. and C.C. No. 1 136 of 2005 pending before the learned J.M.F.C. Court at Vashi. Navi Mumbai. The applicants are seeking transfer of the three cases to any Metropolitan Magistrate's Court in Mumbai.
3. The cheque amount in each of the case is Rs.l lakh. Thus, total amount in all three cases is Rs.3 lakhs. The learned Advocate for respondent No.2 states that if the applicants deposit an amount ofRs.3 lakhs before the trial Cqurt and if the statement is made by petitioner Nos.2 & 3 that they will appear before the learned Magistrate. 30th COlIl1, Mumbai by 30th November. 2008. he has no objection to all the said cases being transferred to the court of learned Metropolitan Magistrate. 30th Court, Mumbai. The learned Advocate for the petitioners, on instructions, makes a statement that applicant nos.2 & 3 will appear before the learned Metropolitan Magistrate. 30th Court. Mumbai on or before 30th November. 2008 and he makes a further statement that an amount of Rs.3 lakh will be deposited before the learned Metropolitan Magistrate. 30th Court. Mumbai by 18th October. 2008.
4. In view of the above facts, this application for transfer is allowed. C.C. No.360/ 2005 pending before the learned J.M.F.C., 1st Court. Pan vel. and C.C. No.l136 of 2005 pending before the learned J.M.F.C. Court at Vashi. Navi Mumbai are transferred to the Court of the learned Metropolitan Magistrate. 30th Court. Mumbai.
5. Criminal Application is disposed of accordingly,
Application allowed.
