1 Cri.Appln.No.3140/08 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.3140 OF 2008 Rajiv Shelar ...Applicant. v. The State of Maharashtra & Anr. ...Respondents. Mr. Madhusudanan Nair, adv. For the Applicant. Ms.A.T.Javeri, APP For the Respondent No.1/State. CORAM : J.H. BHATIA, J. DATED : JULY 28, 2010 P.C. 1 Heard the learned counsel for the applicant. Respondent No. 2, who appears in person is not present. Perused the report dated 13.7.2010 from the learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai. 2 This application was moved by the complainant, who has filed as many as 19 complaints, for early hearing and disposal of the said complaints. Complainant has filed in all 19 complaints under Section 138 of the Negotiable Instruments Act sometimes in the year 1997 and those cases have been transferred from one Court to another from time to time and presently they are on the file of Metropolitan Magistrate, 43 rd Court, Borivali. Record reveals that in Writ Petition No.1980 of 2004 by 2 Cri.Appln.No.3140/08 an order dated 28.1.2005, this Court had directed the learned Magistrate to dispose off all the matters not later than six months from that date. However, the cases were not disposed off, therefore, complainant again came to this Court for the direction. 3 It appears that the cases could not be disposed off due to several reasons, one of them is transfer of the cases from one Court to another from time to time. Another appears to be several adjournments sought by the accused himself. Latest report reveals that the present Metropolitan Magistrate Mr. Karhale has taken over on 2.6.2010 and according to him on 5.6.2010, the counsel for the complainant was present but the complainant and P.W.1 were absent. The accused had also moved an application to recall two witnesses for further cross- examination in one of the matters and that application was pending for reply. In view of these circumstances, the present learned Magistrate has sought further period of one year for the disposal of these matters. In view of the circumstances, following directions will meet the ends of justice: 4 The learned Metropolitan Magistrate. 43rd Court, Borivali is granted one year's time to dispose of all the matters with the direction that no adjournment will be granted to any of the parties unless it is 3 Cri.Appln.No.3140/08 absolutely necessary. These matters shall not be transferred from 43rd Court. Parties shall co-operate with the trial Court. 5 Application stands disposed off accordingly. (J.H. BHATIA,J.)