Single JMFC transfer applied for against refusal to club two independent cheques bouncing cases. Court upheld Sessions Judge's refusal of clubbing due to different jurisdictions and independent transactions.
Transfer application dismissed; original jurisdiction arrangement upheld.
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vrd 1 APPLN190/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.190 OF 2013
M/s Shri Lalita Cement Industries
Ltd. And others ...Applicants
v/s
Walchandnagar Industries Ltd.
and anr. ...Respondents
Mr H.V. Akolkar i/b Mr Rohan Nahar for Applicants.
Mr D.R. More, APP for Respondent No.1.
Ms Rashmi S. Dandekar i/b Mr V.N. Tayade for
Respondent No.2.
CORAM : K.U. CHANDIWAL J.
DATED : 18TH JULY 2013.
P.C.:-
1.Heard. Transfer of proceedings pending
vide Criminal Case No.18 of 2012 on the file of
learned JMFC, Indapur and proceedings pending vide
criminal case No.31495 of 2011 on the file of
learned JMFC (AC), Pune to one Court is sought.
2.The learned counsel for original accused
submits that defence if opened in one matter will
vrd 2 APPLN190/13
be causing prejudice to the accused / applicant and
therefore, it will be just and convenient to both
the parties to get both the cases transferred at
Court in Pune.
3.The summary case pending before the
learned JMFC, Pune is in respect of cheque
bouncing, for offence under section 138 of
Negotiable Instruments Act. It was owing to
peculiar jurisdiction to the Court concerned, the
matter was moved before the learned JMFC, Pune.
4.Criminal Case No.87 of 2012 relates to
altogether independent transaction regarding
different work orders placed by the accused with
the complainant industry. The grounds raised
therein were in respect of transaction which
accrued at Walchandnagar, Indapur, District Pune,
in the territorial jurisdiction of the learned
JMFC, Indapur. The clubbing of two cases to the
learned JMFC, Pune was rightly refused by the
leaned Sessions Judge, Pune. I do not see any
error in the order. Criminal application is
vrd 3 APPLN190/13 dismissed.
( K.U. CHANDIWAL J.)
1 issue framed by the court
Whether the clubbing of two independent criminal cases to the JMFC, Pune was correct.
1 provisions across 1 enactments
M/s Shri Lalita Cement Industries Ltd. And others
Walchandnagar Industries Ltd.
K.U. CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court