1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2209 OF 2008 Surendra K.Shah & Ors. .. Petitioners. Vs. Kishore D.Mehta & Anr. .. Respondents. Mr.Bharat Vaishnava for the petitioners. Mrs.A.T.Javeri A.P.P. for the State. Mr.Kishore D.Mehta - responent no.1 in person. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH DECEMBER, 2008. DATED : 18TH DECEMBER, 2008. DATED : 18TH DECEMBER, 2008. P.C.: . Leave to amend. Amendment to be carried out forthwith. 2. Heard learned counsel for the petitioners, learned A.P.P. for the State and respondent no.1 in person. 3. By this writ petition under section 407 of the Code of Criminal Procedure the petitioners are seeking transfer of the cases filed by respondent no.1 in three different courts i.e. Esplanade, Vikhroli and Vasai courts to one court. Respondent No.1, who is present in person has no objection for transferring the cases No.4957/SS/2007 pending in the court of Metropolitan Magistrate’s 28th Court, Esplanade, Mumbai and Case No.C.C.1030 of 2008 pending before the 2 2 2 Judicial Magistrate, First Class, Vasai to the Metropolitan Magistrate’s 50th Court at Vikhroli where the third case bearing C.C.No.1573 of 2007 is pending. All three cases are under section 138 of the Negotiable Instruments Act. Counsel for the petitioners have no objection for transferring the cases pending in the Esplanade and the Vasai courts to Metropolitan Magistrate’s 50th Court, Vikhroli. Having considered overall facts and circumstances of the case and that the parties in all the three cases are one and the same I pass the following order: . Case No.4957/SS/2007 pending in the Court of the Metropolitan Magistrate’s 28th Court, Esplanade, Mumbai and Case No.1030 of 2008 pending before the Judicial Magistrate, First Class, Vasai are transferred to the Metropolitan Magistrate’s 50th Court, Vikhroli, Mumbai. It is made clear that this court is not issuing direction to the Metropolitan Magistrate’s 50th Court at Vikhroli to club all the three cases and try them together. It is open to the learned Magistrate to proceed with hearing of the case bearing C.C.1573 of 2007 pending before him and need not await the record and proceedings in the aforementioned two cases. The writ petition is diposed of. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)