Bombay High Court
JAYSINH RAMCHANDRA GHORPADEversusSATISH SHANKAR SATHE AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered the transfer of the appeal to the District and Sessions Court and directed that it be treated as an appeal under the proviso to Section 372 CrPC, excluding the time spent on the leave application for limitation purposes.
Summary
The applicant, Jaysinh Ramchandra Ghorpade, filed an application for leave to appeal against an order of acquittal under Section 138 of the Negotiable Instruments Act. He sought to have the appeal transferred to the District and Sessions Court, relying on the Supreme Court’s decision in M/s. Celestium Financial v. Ganasekaran (2025). The High Court, after hearing counsel, ordered the transfer of the proceedings to the appropriate District and Sessions Court, directing that the matter be treated 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 be excluded when calculating the limitation period. Consequently, the application was disposed of following the transfer order.
Issues considered
- Whether an application for leave to appeal against an acquittal under Section 138 NI Act can be transferred to a District and Sessions Court.
- Whether the Supreme Court’s observations in Celestium Financial v. Ganasekaran are applicable to treat the appeal under the proviso to Section 372 CrPC.
- Whether the period spent in prosecuting the leave application should be excluded for the purpose of limitation.
Legislation cited
- Code of Criminal Procedure — s. 372
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 138 NI Act
- appeal transfer
- Section 372 CrPC
- limitation period
- leave to appeal
- criminal procedure
Judgment
924-2-ALP-182-2022 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
APPLN FOR LEAVE TO APPEAL (PVT.) NO. 182 OF 2022
Jaysinh Ramchandra Ghorpade … Applicant
Versus
Satish Shankar Sathe And Anr. … Respondents
——————
Mr. Abhay A. Jadhavar i/b. Mr. Makrand M. Kale for the Applicant.
Mr. Aditya Ghadge i/b. Mr. Akshay Kulkarni for the Respondent No.1.
Mr. S.H. Yadav, A.P.P. for the Respondent No.2-State.
——————
Coram : RANJITSINHA RAJA BHONSALE, J.
Date : 30th April 2026.
PER COURT :
1. Heard learned counsel for the parties.
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], the Applicant would contest the appeal
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924-2-ALP-182-2022 (CR).docx
before the learned District and Sessions Court and hence urges that, the same
be transferred to the District Court.
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.
(v) The Application therefore stands disposed of.
[ RANJITSINHA RAJA BHONSALE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.04.30
19:22:37
+0530
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