Bombay High Court

RADHAKRUSHNA MAHILA NAGARI PATH SANSTHA MAR. VAIJAPUR THR ITS MANAGER KAKASAHEB SITARAM LAVHALEversusLAVDHARM JIDNYASU PRABHURAM

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

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

Summary

The applicant, RadhaKrushna Mahila Nagari Path Sanstha, sought leave to appeal an order of acquittal under Section 138 of the Negotiable Instruments Act. The appeal was to be filed in the District and Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025). The High Court examined whether the proviso to Section 372 of the Code of Criminal Procedure permits such an appeal. It held that the Supreme Court precedent authorises the transfer of the matter to the appropriate Sessions Court for adjudication as an appeal under that proviso. Accordingly, the High Court ordered the transfer of the proceedings to the concerned District and Sessions Court. The Sessions Court was directed to register the appeal, issue notice, and proceed in accordance with law.

Issues considered

Whether an appeal against an acquittal under Section 138 of the Negotiable Instruments Act can be filed in a District and Sessions Court under the proviso to Section 372 of the CrPC.
Whether the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025) mandates such a transfer.

Legislation cited

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

Subjects

Section 138 NI Act
appeal against acquittal
Section 372 CrPC
jurisdiction transfer
Supreme Court precedent

Judgment

2026:BHC-AUG:4482


                                                                          38-ALP-138-2025
                                                     -1-


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                    38 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 138 OF 2025

                       RADHAKRUSHNA MAHILA NAGARI PATH SANSTHA MAR.
                     VAIJAPUR THR ITS MANAGER KAKASAHEB SITARAM LAVHALE
                                           VERSUS
                                LAVDHARM JIDNYASU PRABHURAM

                                                 ...
                Advocate for Appellant : Mr. Narendra D. Sonavane
                                                 ...

                                                  CORAM :      ABHAY S. WAGHWASE, J.
                                                  DATED :      02 FEBRUARY, 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 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

                application be transferred to the District Court.



                2.       In view of the above, the following order is passed :
                                                       38-ALP-138-2025
                                  -2-


                               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).



                                         [ABHAY S. WAGHWASE, J.]



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