Bombay High Court
DAMODHAR DURGAI BHADANGEversusNIVRUTTI SHAMRAO WAGH
- Disposal
- Transfer to other court
Holding
The appeal is to be transferred to the concerned District and Sessions Court and treated as an appeal under the proviso to Section 372 of the CrPC, with the period spent before the High Court excluded from the limitation calculation.
Summary
The appellant, Damodhar Durgaï Bhadange, sought leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025), the appellant requested that the appeal be transferred to the District and Sessions Court. The High Court, presided over by Justice Abhay S. Waghwase, ordered the transfer of the proceedings to the appropriate District and Sessions Court. The transferred court is directed to treat the matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, in line with the Supreme Court’s observations. Additionally, the Court directed that the period spent prosecuting the appeal before the High Court be excluded when calculating the limitation period.
Issues considered
- Whether an appeal against an acquittal under Section 138 of the Negotiable Instruments Act can be transferred from the High Court to a District and Sessions Court pursuant to the Supreme Court’s decision in Celestium Financial v. Ganasekaran.
- Whether the time spent before the High Court should be excluded from the limitation period for the appeal under the proviso to Section 372 of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 372
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- appeal transfer
- Section 372 CrPC
- limitation period
- acquittal
- High Court order
- criminal procedure
Judgment
2026:BHC-AUG:38767
910-ALP-117-2023.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
910 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 117 OF 2023
DAMODHAR DURGAI BHADANGE
VERSUS
NIVRUTTI SHAMRAO WAGH
.…
Mr. S. A. Dhengle, Advocate for Applicant
Mr. A.D. Kulkarni, D. S. Kulkarni and P. S. Lohiya, Advocate for
Respondent
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : August 28, 2026
PER COURT :-
1. Learned counsel for the appellant points out that, the
instant appeal is preferred 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
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 instant appeal be
transferred to the District Court.
2. In view of the above, the following order is passed :
1 of 2
(( 2 )) 910-ALP-117-2023
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 Sessions 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 Sessions 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 appeal before this Court while
calculating the period of limitation.
[ ABHAY S. WAGHWASE, J. ]
SMS
2 of 2
Checking your session…