1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5076 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Suresh Dubey i/b Mr. Deepak Thakre for the applicant. Mr. K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 23RD NOVEMBER 2009 P.C. : 1. Heard. 2. By this application under section 407 and 482 of the Cr. P.C., the applicant prays for transfer of Criminal Appeal No.249 of 2007 from the Court of 8th Additional Sessions Judge, Pune to any other Additional Sessions Judge or the Sessions Judge at Pune. 2 3. The applicant has been convicted under section 138 of the Negotiable Instruments Act. He filed an appeal against the order of conviction which is assigned to the Court of 8th Additional Sessions Judge, Pune. It is the case of the applicant that the learned 8th Additional Sessions Judge is not ready to hear the appeal on merits and he asked a question to the applicant why till this date he has not paid the compensation (as ordered by the trial court). In view of this question, the applicant feels that he would not get justice before the 8th Additional Sessions Judge and therefore he made an application for transfer of the appeal to the learned Sessions Judge at Pune. By an order dated 9th October 2009, the learned Sessions Judge dismissed the application. Hence, the applicant has moved this Court for transfer of his appeal. 4. There is nothing on record to show that the learned 8th Additional Sessions Judge in 3 fact asked the question which is alleged to have been asked. Even assuming that such a question was asked, I do not see that it would show any prejudice in the mind of the learned 8th Additional Sessions Judge. The trial court in its order of conviction and sentence has directed the appellant to pay compensation. In view of this order, before granting stay to the order of sentence the appellate court would naturally think it fit to enquire whether the amount of compensation as ordered by the trial court was paid/deposited and if not whether there was any justifiable reason for not doing so. In fact, such questions are often asked by an appellate court for passing appropriate order on a stay application. By merely asking the question it cannot be said that the learned 8th Additional Sessions Judge has in any way made up his mind in the matter and/or is in any way prejudiced. The application is therefore dismissed summarily. (D.G. KARNIK, J.)