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Bombay High Court

GANGAMAI INDUSTRIES AND CONSTRUCTION LTD THROUGH ITS AUTHORIZED SIGNATORY SURESH MURLIDHAR HIWARDEversusSAMBHAJI TUKARAM BUDHWANT

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 CrPC, with the period spent on the application excluded for limitation purposes.

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 instructing the trial court to treat the matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The court also directed that the time spent filing the leave application be excluded when computing the limitation period. The application was thereafter disposed off.

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 Supreme Court’s ruling in Celestium Financial v. Ganasekaran applies to such transfers.
  • Whether the period spent prosecuting the leave application should be excluded from the limitation period calculation.

Legislation cited

Subjects

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

Judgment

                                                    911-ALP-140-2023.odt




         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

 911 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 140 OF
                          2023

GANGAMAI INDUSTRIES AND CONSTRUCTION LTD THROUGH
ITS AUTHORIZED SIGNATORY SURESH MURLIDHAR HIWARDE
                            VERSUS
                SAMBHAJI TUKARAM BUDHWANT
                               .…
Mr. Sunil B. Kakde, Advocate for Applicant
                               .…

                   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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