Bombay High Court

SUSTAINABLE AGRO COMMERCIAL FINANCE LIMITED THROUGH MARUTI TUKARAM AGAVANEversusGANESH KHANDERAV THORAT

Disposal: Transfer to other court
Bench: ABHAY S WAGHWASE

Holding

The High Court ordered the transfer of the leave application to the concerned District and Sessions Court, to be dealt with as an appeal under the proviso to Section 372 of the CrPC, excluding the time spent before this Court for delay calculations.

Summary

Sustainable Agro Commercial Finance Ltd., through its representative, filed an application seeking leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act. The applicant requested that the appeal be filed before the District and Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025). The High Court examined whether the leave application could be transferred and whether the appeal could be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The Court ordered the matter to be transferred to the appropriate District and Sessions Court, directing that it be dealt with as an appeal under Section 372 and that any time spent before the High Court be excluded from delay calculations. The Sessions Court was instructed to register the appeal, issue notices, and proceed according to law.

Issues considered

Whether a leave application for appeal against an acquittal under Section 138 NI Act can be transferred to a District and Sessions Court.
Whether the appeal should be treated as an appeal under the proviso to Section 372 of the CrPC in view of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.

Legislation cited

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

Subjects

Section 138 NI Act
appeal
transfer of jurisdiction
Code of Criminal Procedure
Section 372 proviso
Supreme Court precedent
leave to appeal

Judgment

2026:BHC-AUG:6893


                                                                          926-ALP-2-2025
                                                   -1-

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                    926 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 2 OF 2025

                Sustainable Agro Commercial
                Finance Limited
                Through Maruti Tukaram Agavane
                C/o. First Floor, 31, Friends Colony,
                Kokanwadi, Station Road,
                Aurangabad.                                         ... Applicant.

                        Versus

                Ganesh Khanderav Thorat
                Age : Major, Occu. : Agriculture,
                R/o. Daskuli Tunki, Taluka Vaijapur,
                District Aurangabad (Chh. Sambhajinagar).        ... Respondent
                                                  ...
                Advocate for Appellant : Mr. Sudhir Kashinathrao Chavan
                Advocate for Respondent : Mr. Sachin Madukar Nannaware
                                                  ...

                                                CORAM :      ABHAY S. WAGHWASE, J.
                                                DATED :      17 FEBRUARY, 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 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

                application be transferred to the District Court.
                                                         926-ALP-2-2025
                                   -2-



2.     In view of the above, the following order is passed :


                                 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 Sessions 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 Sessions 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.    The concerned Sessions Court to exclude the time spent before
this Court for prosecuting the instant leave application while
calculating the period of delay, if any.



                                           [ABHAY S. WAGHWASE, J.]



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