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M/S Morgan Securities & Credit Pvt … vs Nct Of Delhi & Ors on 28 August, 2018

$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 28.08.2018

+ CRL.M.C. 825/2018
M/S MORGAN SECURITIES CREDIT PVT LTD ….. Petitioner
versus

NCT OF DELHI ORS ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Rohit P. Raman with Ms. Shweta Sharma, Advocates.

For the Respondents: Mr. Vijay Kumar Aggarwal with Ms. Hemlata Kharayal and Mr.
Shailesh Pandey, Advocates for R-2 3.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

28.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner impugns order dated 27.09.2017, whereby, the Court
of ACMM has directed that the complaint cases filed by the petitioner
under Section 138 Negotiable Instrument Act be transferred to the Court of
Metropolitan Magistrate, which is seized of the FIR No.103/2009 under
Section 406 IPC Police Station Barakhamba Road. It is informed that the
said FIR has been registered consequent to an order passed, in a complaint
case filed by respondent No. 2, under Section 156(3) Cr.P.C.

2. Learned counsel for the petitioner submits that on account of the said
transfer, the proceedings initiated by the petitioner under Section 138
Negotiable Instrument Act are getting delayed.

CRL.M.C. 825/2018 Page 1 of 2

3. Learned counsel appearing for the respondent Nos.2 and 3 has raised
a preliminary objection that as the petitioner is seeking transfer of his cases
from one criminal court to another, the present petition would not be
maintainable in terms of proviso to Section 407(2) of Cr.P.C.

4. In the facts of the present case, prima facie, I am not in agreement
with the submission made by the learned counsel for the respondent.
However, without getting into the controversy of whether the present
petition is maintainable or not, since the complaint cases were filed as far
back as in the year 2003 and the FIR, was registered in 2009 and the
submission of both counsel is that proceedings be expedited, I deem it
expedient to direct the Trial Court, which is seized of both the proceedings
consequent to the impugned order dated 27.09.2017, to expeditiously
dispose of the complaint cases filed by the petitioner under section 138
Negotiable Instruments Act and the case FIR No. 103/2009 registered on
the complaint of the Respondent proceedings and pronounce judgment
within a period of one year from the next date of hearing.

5. The petition is disposed in the above terms.

6. Order Dasti under signatures of Court Master.

SANJEEV SACHDEVA, J
AUGUST 28, 2018/st

CRL.M.C. 825/2018 Page 2 of 2

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