- 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 CRIMINAL CRIMINAL CRIMINAL REVISION REVISION REVISION APPLICATION NO.337 OF 2006 APPLICATION NO.337 OF 2006 APPLICATION NO.337 OF 2006 AND AND AND CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.209 OF 2009 APPLICATION NO.209 OF 2009 APPLICATION NO.209 OF 2009 Tawangar Dilawar Jamadar ...Applicant vs. Kadar Sharif Hakim & others ...Respondents Mr.Niranjan Mogar h/f Mr.Sachindra Shetye for the applicant Mr.S.S.Pednekar A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MAY 5,2009 : MAY 5,2009 : MAY 5,2009 P.C.: P.C.: P.C.: 1. Heard learned Advocate for the applicant. The applicant is the original complainant who filed a complaint for the offence punishable under section 138 of the Negotiable Instruments Act,1881. By order dated 21st June 2006, the learned Magistrate convicted the first respondent. The present revision application has been filed by the applicant seeking enhancement in sentence. By filing criminal application no.209 of 2009, the applicant has pointed out that against the said order of conviction, the first respondent has preferred criminal appeal no.29 of 2006 and the said appeal is pending in the Sessions Court at Ratnagiri. It is pointed out that the said appeal is not being heard as this revision application is pending in this court. 2. In my view, this revision application could have been filed before the Sessions Court. An Appeal against order of - 2 - conviction filed by the first respondent is pending before the Sessions Court. 3. Hence, I pass the following order : i) Criminal revision application no.337 of 2006 is transferred to the Sessions Court at Ratnagiri. The said revision application shall be heard along with the Criminal appeal no.29 of 2006 pending before the Sessions Court at Ratnagiri. ii) After transfer of the revision application to the Sessions Court at Ratnagiri, the said court will issue a fresh notice of the revision application to the first respondent. iii) Criminal application no.209 of 2009 does not survive and the same is disposed of. JUDGE JUDGE JUDGE