Bombay High Court

BHARAT DHONDIRAM KHANDAREversusSHIVAJI MARUTI JADHAV AND ANR

Disposal: Disposed Off
Bench: RANJITSINHA RAJA BHONSALE

Holding

A victim may file an appeal against an acquittal under Section 372 of the CrPC, as affirmed by the Supreme Court in Celestium Financial v. Ganasekaran.

Summary

The applicant filed a petition seeking leave to appeal an order of acquittal under Section 138 of the Negotiable Instruments Act, 1881. The High Court examined the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025) which held that a victim may appeal an acquittal under Section 372 of the Code of Criminal Procedure. Relying on that precedent, the Court ordered the matter to be transferred to the appropriate District and Sessions Court for the appeal to be heard as a Section 372 appeal. The Court also directed that the time spent on this leave application not be counted towards the limitation period. Consequently, the leave application was disposed of, and the appeal process was to continue in the lower court.

Issues considered

Whether a victim has the right to appeal an order of acquittal under Section 138 of the Negotiable Instruments Act pursuant to Section 372 of the CrPC.

Legislation cited

Code of Criminal Procedure — s. 372
Negotiable Instruments Act, 1881 — s. 138

Subjects

appeal
Section 138 NI Act
victim's right
Section 372 CrPC
acquittal
transfer
criminal procedure

Judgment

                                                       904-ALP-175-2017 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                    CRIMINAL APPELLATE JURISDICTION

           APPLN FOR LEAVE TO APPEAL (PVT.) NO. 175 OF 2017

Bharat Dhondiram Khandare                            … Applicant
                    Versus
Shivaji Maruti Jadhav And Anr.                       … Respondents



                                 ——————
None for the Applicant.
Mr. C.D. Mali, A.P.P. for the Respondent-State.
                                  ——————

                    Coram :      RANJITSINHA RAJA BHONSALE, J.

                    Date     :   27th March 2026.

PER COURT :

1.    Heard learned APP for Respondent No.2 - State.

2.    Record indicates 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, 1881.

3.    In view of the decision of the Hon’ble Supreme Court in M/s.

Celestium Financial Vs. Ganasekaran ETC., reported in [(2025) SCC OnLine

SC 1320], it is clear that as per Section 372 of the Code of Criminal Procedure,

the victim has a right to prefer an appeal against the order passed by the


osk                                1 of 2
                                                            904-ALP-175-2017 (CR).docx


Court acquitting the accused or convicting accused for lesser offence or

imposing inadequate compensation, and that such an appeal shall lie to the

Court to which the appeal ordinarily lies against the order of conviction.

4.       In view of thereof, the following order is passed :

                                       ORDER

 (i)        The present proceeding 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 concerned 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 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
            M/s. 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)        The Application therefore stands disposed of.



                                  [ RANJITSINHA RAJA BHONSALE, J. ]




osk                                  2 of 2

Continue reading with your account

Checking your session…