Bombay High Court

RAOSAHEB BANDU PATILversusASHOK GUNDOPANT HARKARE AND ANR

Disposal: Disposed Off
Bench: RANJITSINHA RAJA BHONSALE

Holding

The High Court ordered the transfer of the leave application to the District and Sessions Court, to be treated as an appeal under the proviso to Section 372 CrPC, and excluded the time spent before it for limitation calculation.

Summary

The applicant filed an application for leave to appeal against an order of acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in M/s. Celestium Financial v. Ganasekaran (2025), the applicant sought transfer of the appeal to the District and Sessions Court. The High Court considered whether the leave application could be transferred and how the Supreme Court precedent applied. It ordered that the matter be transferred to the appropriate District and Sessions Court, to be dealt with as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, and directed that the time spent before the High Court be excluded for limitation purposes. The application was consequently disposed of.

Issues considered

Whether an application for leave to appeal against an acquittal under Section 138 NI Act can be transferred to a District and Sessions Court.
Whether the Supreme Court’s observations in Celestium Financial v. Ganasekaran are applicable to treat the matter as an appeal under Section 372 CrPC.
Whether the period spent prosecuting the leave application before the High Court should be excluded while computing limitation.

Legislation cited

Code of Criminal Procedure — s. 372
Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 138 NI Act
appeal
transfer of jurisdiction
limitation period
Section 372 CrPC
leave to appeal
acquittal

Judgment

                                                               930-ALP-10-2022.docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR

                     CRIMINAL APPELLATE JURISDICTION
              APPLICATION FOR LEAVE TO APPEAL NO. 10 OF 2022

Raosaheb Bandu Patil                                 … Applicant
                       Versus
Ashok Gundopant Harkare And Anr.                     … Respondents


                                  ——————
Mr. Pratik B. Bhakare i/b Mr. Anand Patil for the Applicant.
Mr. S. S. Chaudhari, A.P.P. for the Respondent-State.
                                  ——————

                      Coram :    RANJITSINHA RAJA BHONSALE, J.
                      Date :     23rd APRIL 2026.

P. C. :-

1.            Heard learned counsel for the Applicant and learned APP for

Respondent No.2 - State.

2.            Learned counsel for the Applicant points out that, the instant

application has been preferred seeking leave to file appeal against the order

of acquittal from offence under Section 138 of the Negotiable Instruments

Act, 1881. He prays that, now, in view of the decision of the Hon’ble Supreme

Court in M/s. Celestium Financial Vs. Ganasekaran ETC., reported in [(2025)

SCC OnLine SC 1320], the Applicant would contest the appeal before the




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                                                                930-ALP-10-2022.docx


learned District and Sessions Court and hence urges that, the same be

transferred to the District Court.

3.            In view of the above, the following order is passed :

                                        ORDER

 (i)          The present proceeding be transferred to the concerned District
              and Sessions Court. Learned Registrar (Judicial) of this Court to
              take further necessary action for transferring this matter to the
              concerned District and Sessions Court, immediately.
 (ii)         The learned Trial Court to whom this matter will be assigned,
              after registering it, shall issue notice to the concerned parties,
              and thereafter, proceed further with the matter in accordance
              with law.
 (iii)        The concerned Trial Court shall treat this matter as appeal under
              proviso to Section 372 of the Code of Criminal Procedure as per
              the observations of the Hon’ble Supreme Court in the case of
              M/s. Celestium Financial (supra).
 (iv)         Learned District and Sessions Judge to exclude the period spent
              in prosecuting instant leave application before this Court while
              calculating the period of limitation.
 (v)          The Application therefore stands disposed of.




                                    [ RANJITSINHA RAJA BHONSALE, J. ]




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