Bombay High Court

SACHIN BHUPAL DESAIversusATMARAM KHASABA MANE AND ANR

Disposal: Disposed Off
Bench: RANJITSINHA RAJA BHONSALE

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 this Court excluded for limitation.

Summary

The applicant, Sachin Bhupal Desai, filed a petition seeking leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act, 1881. Relying on the Supreme Court’s decision in M/s. Celestium Financial v. Ganasekaran (2025 SCC OnLine SC 1320), he 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 directing the receiving 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 prosecuting the leave application before the High Court be excluded when calculating the limitation period. Consequently, the application was disposed of after the transfer order.

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 appeal should be treated as an appeal under the proviso to Section 372 CrPC in view of the Celestium Financial judgment.
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, 1881 — s. 138

Subjects

Section 138 NI Act
appeal transfer
proviso to Section 372 CrPC
limitation period exclusion
acquittal
leave to appeal

Judgment

                                               1
                                                             905-ALP-177-2019 (CR).DOC


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                            CRIMINAL APPELLATE JURISDICTION

                     APPLN FOR LEAVE TO APPEAL(PVT.) NO. 177 OF 2019

         Sachin Bhupal Desai                                    …...Applicant
              VERSUS
         Atmaram Khasaba Mane And Anr.                        …...Respondents

                                       -----
         Adv. Siyal Magdum i/b Mr. Umesh Mankapure, for Applicant.
         Ms. Priyanka S. Rane, APP, for the Respondent-State.
                                             -----


                             CORAM      :   RANJITSINHA RAJA BHONSALE, J.
                             DATE       :   8th MAY, 2026.
         P.C.

         1.           Heard learned counsel for the Applicant and learned APP for

         Respondent No.2 - State.

         2.           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, 1881. He prays that, now, 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], he

         would contest the appeal before the learned District and Sessions

         Court and hence urges that, the same be transferred to the District

         Court.

Shantanu S. Dhudum
                                                2
                                                              905-ALP-177-2019 (CR).DOC


         3.          In view of the above, 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.

          4.         In view of the above, the application stands disposed of.


                                             ( RANJITSINHA RAJA BHONSALE, J.)


Shantanu S. Dhudum

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