..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5915 OF 2005 Choksi Tube Co. Ltd., and Anr. ...Applicants. Versus State of Maharashtra and 6 Ors. ...Respondents. Mr.A.R.Sheikh, Advocate for the Applicants. Mrs.Aruna H. Ghadge, Advocate for Respondent No.2. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : OCTOBER 19, 2006. DATED : OCTOBER 19, 2006. DATED : OCTOBER 19, 2006. P.C.: 1. Leave to amend. Amendment to be carried out forthwith. 2. Heard Mr.Sheikh, the learned counsel for the applicants - original accused Nos.1 & 7 and Mrs.Ghadge, the learned counsel for respondent no.2 - original complainant. 3. The applicants are involved in three cases under Section 138 of the Negotiable Instruments Act. The first two cases are CC No.172/S of 2004 ..(2).. and CC No.173/S of 2004. Both the said cases are pending before the learned Metropolitan Magistrate, 40th Court, Girgaum, Mumbai. The third case is CC No.472 of 2003, which is pending before the learned J.M.F.C., (A.C.) Court, Pune. 4. Mr.Sheikh, the learned counsel for the applicant has stated that the applicants are from Mumbai and it is very difficult for the applicants and other accused to attend the two cases at Mumbai and one case at Pune, on account of their age and business commitments. Hence, he has prayed that either the two cases at Mumbai may be transferred to Pune Court or the case at Pune be transferred to Mumbai Court. In the alternate he has prayed that the applicants and other accused in CC No.472 of 2003 pending before the learned J.M.F.C. (A.C.), Pune be granted exemption from personal appearance before the trial Court. 5. Mrs.Ghadge, the learned counsel for respondent No.2-Original complainant states that she has serious objection to the case at Pune being transferred to the Court of learned Metropolitan Magistrate, 40th Court, Girgaum, ..(3).. Mumbai. She further states that she has no objection to the accused in CC No.472 of 2003 pending before the learned J.M.F.C. (A.C.) Court, Pune being granted exemption from personal appearance before the trial Court at Pune on the condition that the accused therein attend the trial Court if the learned Magistrate is of the opinion that their appearance is absolutely necessary. 6. In view of the above, the trial Court i.e. J.M.F.C. (A.C.) Court, Pune shall grant exemption to accused in CC No.472 of 2003 from their personal appearance, unless the trial Court is of the opinion that the personal appearance of any or all of the accused persons is necessary on a particular date. In such case, on notice being given to the accused persons, they shall remain present before the trial Court on that date. 7. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)