BARON TELECOM INDIA LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides.

(2.) The applicants are facing prosecution in three cases under Section 138 of Negotiable Instruments Act. The said cases are Complaint No. 4216/SS/2005 pending before the learned 30th Metropolitan Magistrate Court, Mumbai, C.C. No. 360/2005 pending before the learned J.M.F.C., 1st Court, Panvel, and C.C. No. 1136 of 2005 pending before the learned J.M.F.C. Court at Vashi, Navi Mumbai. The applicants are seeking transfer of the three cases to any Metropolitan Magistrate's Court in Mumbai.

(3.) The cheque amount in each of the case is Rs. 1 lakh. Thus, total amount in all three cases is Rs. 3 lakhs. The learned Advocate for respondent No. 2 states that if the applicants deposit an amount of Rs. 3 lakh before the trial Court and if the statement is made by petitioner Nos. 2 & 3 that they will appear before the learned Magistrate, 30th Court, Mumbai by 30th November, 2008, he has no objection to all the said cases being transferred to the court of learned Metropolitan Magistrate, 30th Court, Mumbai. The learned Advocate for the petitioners, on instructions, makes a statement that applicant nos. 2 & 3 will appear before the learned Metropolitan Magistrate, 30th Court, Mumbai on or before 30th November, 2008 and he makes a further statement that an amount of Rs. 3 lakh will be deposited before the learned Metropolitan Magistrate, 30th Court, Mumbai by 18th October, 2008.