Bombay High Court
GANGAMAI INDUSTRIES AND CONSTRUCTION LTD THROUGH ITS AUTORISED SIGNATORY SURESH MURLIDHAR HIWARDEversusUTTAM BHIVA CHAVAN
- Disposal
- Transfer to other court
Holding
The High Court ordered the transfer of the leave application to the concerned District and Sessions Court and directed that it be treated as an appeal under the proviso to Section 372 CrPC, disposing the application.
Summary
Gangamai Industries and Construction Ltd filed an application seeking leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act. The applicant relied on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025) to request 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 off.
Issues considered
- Whether a leave application to appeal an acquittal under Section 138 NI Act can be transferred to the District and Sessions Court in view of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.
- Whether the appeal should be treated as an 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
- Negotiable Instruments Act
- appeal
- transfer of proceedings
- Code of Criminal Procedure
- Section 372
- limitation period
- Supreme Court precedent
Judgment
2026:BHC-AUG:39986
924-ALP-142-2023.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
924 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 142 OF 2023
GANGAMAI INDUSTRIES AND CONSTRUCTION LTD THROUGH
ITS AUTORISED SIGNATORY SURESH MURLIDHAR HIWARDE
VERSUS
UTTAM BHIVA CHAVAN
.…
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.
2. In view of the above, the following order is passed :
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(( 2 )) 924-ALP-142-2023
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 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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