1 (crim.appln 2395 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2395 OF 2010 Deepak S. Javeri ...Applicant Vs. The State of Maharashtra and Ors. ...Respondents ----- Mr.Satish L. Maneshinde i/b. Mr. Yadav P.R for Applicant Mrs. M.R. Tidake  APP for State Mr. Hemant Kumar Jain for Respondent No.1 (Party present in person) ----- CORAM: V.M. KANADE J. DATED: 16TH JULY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Respondent No.1, who is present in person. 2. By this application, the Applicant is challenging the order passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai in C.C. No. 40/TA/2010 dated 9.4.2010, whereby the application for transfer filed by the Applicant herein against the cases pending in the Court of Special Metropolitan Magistrate Presided Over by Shri P.J. Patil to the Special Metropolitan Magistrate Court, Presided Over by Smt. C.R. Hankare 2 (crim.appln 2395 of 2010) at Small Causes Court, Mumbai has been rejected. 3. It is submitted that the Learned Counsel for the Applicant that 11 cheques were issued by the Applicant which were dishonoured and five cases were filed in five different Court by Respondent Nos.2 to 5 under section 138 of the Negotiable Instruments Act. The said complaints, admittedly were filed in the year 2000. It is submitted that since the said cheques were issued in respect of one transaction, the Applicant felt that it would be appropriate if all these complaints are to be heard by one Court. The said application for transfer was, however, rejected by the learned Magistrate. 4. It is submitted by the Learned Counsel for the Applicant that the applications pending before the Court of Shri P.J. Patil has reached at the stage where the statements of the accused under section 313 are being recorded. He submitted that he has no objection if the said statements are recorded and thereafter the other matters are transferred to this Court. 5. The Respondent No.2, who is appearing in person, has submitted that the matters are pending since last 3 (crim.appln 2395 of 2010) 10 years and cause of action in respect of all these matters is different. Secondly, it is submitted that various attempts were made by the Applicant to protract the trial. It is further submitted that this Court in one of the applications, which was filed by the Respondent No.2 herein had given a direction to the Learned Magistrate to dispose of the criminal case on or before 30th June, 2010. He further submitted that in fact, on an earlier occasion also the Applicant had filed an application for transfer and the same has been rejected. 6. I have perused the application filed by the Applicant. First of all the complaints are pending since last 10 years and at the belated stage, when the matters are ready for the final hearing and the statements of some of the accused under section 313 are to be recorded at this stage, the application has been filed. The Applicant is aware that this Court had directed the Learned Magistrate to decide this case expeditiously within a period of three months. Thirdly, though first application for transfer was rejected, again second application is filed and this fact is suppressed from this Court. I am informed by the Respondent No.2 -the Original Complainant who is appearing in person that the statement of the Accused 4 (crim.appln 2395 of 2010) under section 313 of the Cr.P.C. could not be recorded for a period of 4 years and that every attempt is made to protract the proceeding. In my view, this fact clearly discloses that the present application has been filed only with a intention to protract the proceeding. There is no reason to interfere with the order passed by the Learned Magistrate. 7. The Learned Magistrate is directed to record his statement of the accused under section 313 of the Cr.P.C. as expeditiously as possible and, if necessary, on day-to-day basis. 9. The application is, accordingly, dismissed with costs which are quantified at Rs.10,000/- (V.M. KANADE J.)