-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION 1. 1. 1. CRIMINAL APPLICATION NO.4066 OF 2006 CRIMINAL APPLICATION NO.4066 OF 2006 CRIMINAL APPLICATION NO.4066 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1.Atcon Engineering Pvt.Ltd. 2.Mr.B.P.Patel 3.K.P.Patel 4.Mr.N.P.Patel 5.State of Maharashtra ...Respondents WITH WITH WITH 2. 2. 2. CRIMINAL APPLICATION NO.4067 OF 2006 CRIMINAL APPLICATION NO.4067 OF 2006 CRIMINAL APPLICATION NO.4067 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1.Atcon Engineering Pvt.Ltd. 2.Mr.Bankim Paraduman Patel 3.Kirtibhai Praduman Patel 4.Mr.Narendra Praduman Patel 5.State of Maharashtra ...Respondents WITH WITH WITH 3. 3. 3. CRIMINAL APPLICATION NO.4068 OF 2006 CRIMINAL APPLICATION NO.4068 OF 2006 CRIMINAL APPLICATION NO.4068 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1.Atcon Engineering Pvt.Ltd. 2.Mr.B.P.Patel 3.K.P.Patel 4.Mr.N.P.Patel 5.State of Maharashtra ...Respondents WITH WITH WITH 4. 4. 4. CRIMINAL APPLICATION NO.4070 OF 2006 CRIMINAL APPLICATION NO.4070 OF 2006 CRIMINAL APPLICATION NO.4070 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1.Atcon Engineering Pvt.Ltd. 2.Mr.B.P.Patel 3.K.P.Patel 4.Mr.N.P.Patel 5.State of Maharashtra ...Respondents WITH WITH WITH 5. 5. 5. CRIMINAL APPLICATION NO.4072 OF 2006 CRIMINAL APPLICATION NO.4072 OF 2006 CRIMINAL APPLICATION NO.4072 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. -2- 1. Nirav Constructions Co. 2.Mr.Narendra P.Patel 3.Smt.Harsha B.Patel 4.Smt.Nayana K.Patel ...Respondents WITH WITH WITH 6. 6. 6. CRIMINAL APPLICATION NO.4075 OF 2006 CRIMINAL APPLICATION NO.4075 OF 2006 CRIMINAL APPLICATION NO.4075 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1.Vijay K. Doshi 2.State of Maharashtra ...Respondents WITH WITH WITH 7. 7. 7. CRIMINAL APPLICATION NO.4076 OF 2006 CRIMINAL APPLICATION NO.4076 OF 2006 CRIMINAL APPLICATION NO.4076 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1.M/s.Vajra Bearing Ltd. 2.Vijay K. Doshi 3.State of Maharashtra ...Respondents WITH WITH WITH 8. 8. 8. CRIMINAL APPLICATION NO.4081 OF 2006 CRIMINAL APPLICATION NO.4081 OF 2006 CRIMINAL APPLICATION NO.4081 OF 2006 1.M/s.Alta Leasing and Finance Ltd. 2.Sunil Jaywant Waingankar ...Applicants vs. 1.M/s.Vajra Bearings Ltd. 2.Vijay K. Doshi 3.State of Maharashtra ...Respondents WITH WITH WITH 9. 9. 9. CRIMINAL APPLICATION NO.4083 OF 2006 CRIMINAL APPLICATION NO.4083 OF 2006 CRIMINAL APPLICATION NO.4083 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1. Nirav Constructions Co. 2.Mr.Narendra P.Patel 3.Smt.Harsha B.Patel 4.Smt.Nayana K.Patel ...Respondents WITH WITH WITH 10.CRIMINAL 10.CRIMINAL 10.CRIMINAL APPLICATION NO.4084 OF 2006 APPLICATION NO.4084 OF 2006 APPLICATION NO.4084 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1. Nirav Constructions Co. 2.Mr.Narendra P.Patel 3.Smt.Harsha B.Patel -3- 4.Smt.Nayana K.Patel ...Respondents WITH WITH WITH 11.CRIMINAL 11.CRIMINAL 11.CRIMINAL APPLICATION NO.4085 OF 2006 APPLICATION NO.4085 OF 2006 APPLICATION NO.4085 OF 2006 M/s.Alta Leasing and Finance Ltd. ...Applicant vs. 1. Nirav Constructions Co. 2.Mr.Narendra P.Patel 3.Smt.Harsha B.Patel 4.Smt.Nayana K.Patel ...Respondents Mr.S.S.Kudalkar for the Applicants Mr.S.V.More,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 23,2006. : NOVEMBER 23,2006. : NOVEMBER 23,2006. P.C.: P.C.: P.C.: 1. The prayer in all these Applications is for transfer of complaints filed by the Applicant under section 138 of Negotiable Instruments Act, 1881 in the Court of Judicial Magistrate First Class (A.C.), Pune to a Court of Magistrate in Mumbai. 2. The learned Advocate for the Applicant submitted the office of the Applicant is located in Mumbai and the Respondent Nos.2 to 4 are permanent residents of Mumbai. He submitted that for convenience of both the parties, the complaints deserve to be transferred to a court in Mumbai. He states that the plea is already recorded in the complaints and now the complaints are pending for recording of evidence. He submits that initially the Applicant-company was having its office at Pune and therefore, the complaints were filed in Pune. He states that now the office has been shifted to -4- Mumbai. 3. I have considered the submissions. The Applicant-Company itself has chosen to file complaints in Pune in the year 2002. The submission that the office of the Applicant-company after filing of the complaints shifted to Mumbai appears to be incorrect from the cause title of the complaint No.R 7721/2002. In the cause title of the said complaint filed in the year 2002, it is disclosed that the Applicant was having its office both at Dadar, Mumbai and at Pune. Thus at the time of filing the complaints, the Applicant was having an office at Mumbai. In spite of this position, the Applicant-company has chosen to file complaints at Pune. Now, the plea is already recorded in all the complaints. At that time the complaints could have been filed in Mumbai. After having filed the complaints in the Court at Pune, now order of transfer cannot be passed at the instance of the Applicant. 4. The Applicant is a private limited finance company. Very fast, effective and convinient modes of transport are now available for reaching city of Pune from Mumbai. In view of what is stated above, it is obvious that the complaints cannot be transferred from the Court at Pune to Mumbai at the instance of Applicant-company. No case is made out for transfer. Applications are rejected. -5- JUDGE JUDGE JUDGE