Leave granted.
Having heard the learned counsel appearing on behalf of the parties
and keeping in view the limited nature of the notice issued by this Court, we are
of the opinion that interest of justice would be subserved if either the Court of
Additional Chief Judicial Magistrate, Muzjaffarnagar or the Court where the
matter may be transferred, fixes a particular date of hearing and informs both
the parties thereabout and then the trial of the case is conducted on day-to-day
basis. We, therefore, direct accordingly.
This order is being passed keeping in view the fact that the appellant is
a resident of Bangalore and the case involves seven cheques.
Our attention was drawn to an order dated 12.1.2009 passed by the learned Single Judge of the Allahabad High Court in Criminal Miscellaneous No.
36316/2008.
Mr. Sanyal, learned senior counsel appearing on behalf of the
respondents submits that from a perusal of the Criminal Miscellaneous Petition
it would appear that the appellant has not disclosed therein that this Court is in
seisen of the matter. We would request the learned Single Judge to dispose of the
said criminal miscellaneous petition and other connected matters, as
expeditiously as possible and preferably within a period of four weeks from the
date of communication of this order.
The appeals are disposed of with the aforementioned observations and
directions.
(S.B. SINHA)