Bombay High Court

KALYAN SHIVAJIRAO LOMATEversusPRASHANT CHANDRAKANT SHINDE

Disposal: Transfer to other court

Holding

The 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 before the High Court excluded from limitation calculations.

Summary

The applicant filed a petition seeking leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act and requested that the appeal be transferred to the District and Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran. The High Court, after considering the precedent, ordered the transfer of the proceedings to the appropriate District Court. It directed 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 instructed that the time spent prosecuting the leave application before the High Court be excluded when calculating the limitation period. The application was subsequently disposed.

Issues considered

Whether a leave to 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 mandates such a transfer.
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
Negotiable Instruments Act
appeal transfer
Section 372
Criminal Procedure Code
limitation period
leave to appeal
High Court order

Judgment

2026:BHC-AUG:42070


                                                                     906-ALP-151-2024.odt




                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD

                 906 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 151 OF 2024

                                  KALYAN SHIVAJIRAO LOMATE
                                                VERSUS
                               PRASHANT CHANDRAKANT SHINDE
                                                  .…
                 Mr. Yash B. Mote h/f Mr. P. P. More, Advocate for Applicant
                                                  .…

                                    CORAM : ABHAY S. WAGHWASE, J.

                                       DATE : 11 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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                                 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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