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Bombay High Court

SHAIKH TOUFIQ SHAIKH SHABUversusNAZIR MOHAMMAD ISSAQUE AND OTHERS

Disposal
Transfer to other court

Holding

The leave application is transferred to the concerned District and Sessions Court, to be dealt with as an appeal under the proviso to Section 372 CrPC, and the period spent before this Court is excluded from the limitation calculation.

Summary

The applicant filed a petition seeking leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act, invoking the Supreme Court’s recent decision in Celestium Financial v. Ganasekaran. The High Court, after considering the precedent, ordered that the matter be transferred to the appropriate District and Sessions Court. The transferred case is to be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, following the Supreme Court’s observations. The Court further directed that the time spent prosecuting this leave application be excluded when calculating the limitation period for the appeal. The application was thereafter disposed of.

Issues considered

  • Whether a leave to appeal against an acquittal under Section 138 NI Act can be transferred to a District and Sessions Court in view of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.
  • Whether the appeal should be governed by the proviso to Section 372 of the Code of Criminal Procedure.
  • Whether the period spent before the High Court on the leave application should be excluded from the limitation period for the appeal.

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • appeal
  • transfer of jurisdiction
  • Section 372
  • Code of Criminal Procedure
  • limitation period
  • Supreme Court precedent

Judgment

2026:BHC-AUG:40179


                                                                       921-ALP-100-2025.odt




                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                      921 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 100 OF 2025

                                  SHAIKH TOUFIQ SHAIKH SHABU
                                               VERSUS
                            NAZIR MOHAMMAD ISSAQUE AND OTHERS
                                                  .…
                 Mr. D. S. Ingole h/f Mr. Nilesh S. Ghanekar, Advocate for Applicant
                                                  .…

                                      CORAM : ABHAY S. WAGHWASE, J.

                                         DATE : 03 September, 2026
                 PER COURT :-


                 1.            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. He prays that, now, in view of the

                 decision of the Hon'ble Supreme Court in the case of Celestium

                 Financial v. Ganasekaran Etc. [(2025) SCC OnLine SC 1320], he

                 would contest the appeal before learned District and Sessions

                 Court and hence urges that, the same be transferred to the District

                 Court.

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


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                                 ORDER

      (i)     The present proceedings 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 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)     Application stands disposed off.



                                      [ ABHAY S. WAGHWASE, J. ]

SMS




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