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Bombay High Court

GANGAMAI INDUSTRIES AND CONSTRUCTION LTD THROUGH ITS AUTHORIZED SIGNATORY SURESH MURLIDHAR HIWARDEversusRAJESH TULSHIRAM RATHOD

Disposal
Transfer to other court

Holding

The leave application is transferred to the concerned District and Sessions Court and shall be treated as an appeal under the proviso to Section 372 of the CrPC.

Summary

The applicant, Gangamai Industries and Construction Ltd., filed a leave application seeking permission 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 applicant requested that the appeal be transferred to the District and Sessions Court. The High Court ordered the transfer, directing the Registrar to effect it and directing the trial court to treat the matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The trial court was also instructed to exclude the time spent on this leave application when computing limitation periods. The application was thereafter disposed of.

Issues considered

  • Whether a leave application for appeal against an acquittal under Section 138 NI Act can be transferred to the District and Sessions Court.
  • Whether the appeal should be governed by the proviso to Section 372 CrPC as per the Supreme Court’s ruling in Celestium Financial v. Ganasekaran.

Legislation cited

Subjects

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

Judgment

2026:BHC-AUG:39982


                                                                      910-ALP-138-2023.odt




                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                      910 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 138 OF 2023

                 GANGAMAI INDUSTRIES AND CONSTRUCTION LTD THROUGH
                 ITS AUTHORIZED SIGNATORY SURESH MURLIDHAR HIWARDE
                                               VERSUS
                                    RAJESH TULSHIRAM RATHOD
                                                  .…
                 Mr. Sunil B. Kakde, Advocate for Applicant
                 Mr. G. V. Salve, Advocate for Respondent
                                                  .…

                                      CORAM : ABHAY S. WAGHWASE, J.

                                         DATE : 02 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.



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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 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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