..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2091 OF 2008 Divya Dev Kumar Kohli. ..Applicant. Versus Anuj Kaushik Patel and 2 Ors. ..Respondents. .... Mr.Jagdish Chaudhar, Adv. i/b. M/s. Nankani & Associates for the applicant. Mr.Y.M.Nakhwa, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 7th October, 2008. DATED : 7th October, 2008. DATED : 7th October, 2008. P.C.: 1. Heard the learned Advocate for the Applicant-orig.complainant and the learned APP for the State. None appears for respondent Nos.1 & 2 though served. 2. The applicant has filed five complaints in the year 2006 under Sections 138 of Negotiable Instruments Act against the respondent Nos.1 & 2. The said matters are numbered as C.C. No.174, 175, 179, 232 and 249/SS/2006 and they are pending before the learned Metropolitan Magistrate, 21st Court, ..(2).. Bandra, Mumbai. 3. In the above matters, the complainant preferred an application for adjournment in order to prefer transfer application on the grounds mentioned in his application. The said application came to be allowed by order dated 30.5.2008 on cost of Rs.5000/- to be paid to the accused persons. While deciding the application, certain remarks came to be made in the said order. The applicant is praying that the said remarks be expunged and also the order whereby cost of Rs.5000/- has been imposed on the complainant may be set-aside. The remarks which the applicant is seeking to be expunged are as under: "The Advocates no doubt its a noble profession and no body can become a Judge without appearing as an Advocate before various courts at least for three years are nothing but rented brains and mouths of the litigants and officers of the court who are duty bound to speak and put case of their clients by following law and procedure." ..(3).. 4. Looking to the facts of this case, the said remarks are expunged from the order dated 30.5.2008. Looking to the facts stated in the application preferred by the applicant for adjournment, the order imposing cost of Rs.5000/- is also set-aside. Liberty is granted to the applicant to withdraw the amount of Rs.5000/- which has been deposited towards the cost in the trial Court. 5. Criminal Application is allowed in above terms. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)