PRADEEP INDALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE prayer in this Application is for transfer of Criminal Case No.127 of 2002 pending in the Court of learned Judicial Magistrate (F.C.) Thane to the Court of the learned Metropolitan Magistrate, 48th Court, Andheri which is hearing the Criminal Case No.506/P/2002.

(2.) THE case pending in the Court of learned Judicial Magistrate (F.C.), Thane is a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the said Act of 1881) filed by the Respondent No.3 in her capacity as a Director of M/s.Anushree Holidays Pvt.Ltd., Thane. The Respondent No.2 herein filed F.I.R. on 5th January 2002 against the Petitioner in Vile Parle Police Station at Mumbai alleging commission of offence under Section 409 and 420 of the Indian Penal Code against the Applicant.

(3.) THE learned Counsel for the Respondent Nos.2 and 3 submitted that even assuming that the offences relate to the same transaction, these are different offences punishable under separate enactments. He submitted that Affidavit of examination-in-chief has already been filed by the Respondent No.3 in the complaint which is pending in the Court at Thane and this application is an effort to delay the disposal of the case under Section 138 of the said Act of 1881. Relying upon the decision of the Supreme Court reported in (2001) 6 S.C.C. page 463 in case of Dalmia Cement (Bharat) Ltd. Vs. Galaxy Traders & Agencies Ltd. & Others, the learned Counsel for the Respondent Nos.2 and 3 submitted that the scope of enquiry in both the cases is completely different and therefore if the order of transfer is passed, it will only result in delaying the proceedings under Section 138 of the said Act of 1881.