Bombay High Court
ASHOK S/O MULCHAND AGRAWALversusGANGADHAR S/O VISHWANATH PATIL
- Disposal
- Transfer to other court
Holding
The applications are transferred to the concerned District and Sessions Court and shall be treated as appeals under Section 372 CrPC, with the period spent before the High Court excluded for limitation.
Summary
Ashok filed multiple applications seeking leave to appeal against his acquittal under Section 138 of the Negotiable Instruments Act. He relied on the Supreme Court’s recent decision in Celestium Financial v. Ganasekaran (2025) to argue that the appeals should be heard by the District and Sessions Court. The High Court, after considering the precedent, ordered that the applications be transferred to the appropriate District and Sessions Court and that they be treated as appeals under the proviso to Section 372 of the Code of Criminal Procedure. The Court also directed that the time spent filing these leave applications before the High Court be excluded when calculating the limitation period. The leave applications were consequently disposed of.
Issues considered
- Whether leave applications for appeal against an acquittal under Section 138 NI Act can be transferred to the District and Sessions Court.
- Whether the Supreme Court’s decision in Celestium Financial v. Ganasekaran governs the procedure for such appeals.
- Whether the appeals should be treated as appeals under the proviso to Section 372 CrPC.
- Whether the period spent before the High Court should be excluded for limitation purposes.
Legislation cited
- Code of Criminal Procedure — s. 372
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- appeal
- leave to appeal
- transfer of jurisdiction
- Section 372 CrPC
- limitation period
- acquittal
- High Court order
Judgment
2026:BHC-AUG:43008
915-ALP-135-2018.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
915 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 135 OF 2018
ASHOK S/O MULCHAND AGRAWAL
VERSUS
GANGADHAR S/O VISHWANATH PATIL
.…
Mr. Amol S. Sawant, Advocate for Applicant
Ms Shreyashree S. Pujari h/f Mr. S. S. Panale Advocate for
Respondent
.…
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 132 OF 2018
ASHOK S/O MULCHAND AGRAWAL
VERSUS
GANGADHAR S/O VISHWANATH PATIL
.…
Mr. Amol S. Sawant, Advocate for Applicant
Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent
.…
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 133 OF 2018
ASHOK S/O MULCHAND AGRAWAL
VERSUS
GANGADHAR S/O VISHWANATH PATIL
.…
Mr. Amol S. Sawant, Advocate for Applicant
Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent
.…
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(( 2 )) 915-ALP-135-2018
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 134 OF 2018
ASHOK S/O MULCHAND AGRAWAL
VERSUS
GANGADHAR S/O VISHWANATH PATIL
.…
Mr. Amol S. Sawant, Advocate for Applicant
Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent
.…
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 136 OF 2018
ASHOK S/O MULCHAND AGRAWAL
VERSUS
GANGADHAR S/O VISHWANATH PATIL
.…
Mr. Amol S. Sawant, Advocate for Applicant
Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : 22 September, 2026
PER COURT :-
1. Learned counsel for the applicant points out that, the all
these applications have 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
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(( 3 )) 915-ALP-135-2018
would contest the appeals 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 :
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 these matters to the concerned District and
Sessions Court, immediately.
(ii) The learned Trial Court to whom these matters will be
assigned, after registering it, shall issue notice to the
concerned parties, and thereafter, proceed further with
the matters in accordance with law.
(iii) The concerned Trial Court shall treat these matters as
appeals 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 applications before this
Court while calculating the period of limitation.
(v) Applications stand disposed off.
[ ABHAY S. WAGHWASE, J. ]
SMS
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