Bombay High Court

ELEGANT OFFSET PRINTERS PVT. LTD., THROUGH NAVIN NARAYAN PATKARversusDATTATRAYA MASU KHORATE PROP. OF DAILY VISION VARTA AND ANR

Disposal: Disposed Off
Bench: RANJITSINHA RAJA BHONSALE

Holding

The High Court ordered the transfer of the appeal to the District and Sessions Court, to be dealt with as an appeal under the proviso to Section 372 CrPC, and directed exclusion of the time spent on the leave application from the limitation period.

Summary

The applicant, Elegant Offset Printers Pvt. Ltd., filed a leave application 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), the applicant sought transfer of the appeal to the District and Sessions Court. The High Court ordered the transfer, directing the concerned court to treat the matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure and to exclude the time spent on the leave application from the limitation period. The court further instructed the District and Sessions Judge to issue notices and proceed in accordance with law. The leave application was subsequently disposed.

Issues considered

Whether a leave application for 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 Supreme Court’s decision in Celestium Financial v. Ganasekaran.
Whether the period spent prosecuting the leave application should be excluded from the limitation period.

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
Supreme Court precedent
criminal procedure

Judgment

                                                          914-ALP-378-2017 (CR).docx


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

                    CRIMINAL APPELLATE JURISDICTION

           APPLN FOR LEAVE TO APPEAL (PVT.) NO. 378 OF 2017

Elegant Offset Printers Pvt. Ltd.,                      … Applicant
Through Navin Narayan Patkar
                    Versus
Dattatraya Masu Khorate                                 … Respondents
Prop. Of Daily Vision Varta And Anr.

                                 ——————
Mr. Bhushan S. Jadhav a/w. Mr. Gajraj A. Mali i/b. Mr. Chetan G. Patil for the
Applicant.
Mrs. S.N. Deshmukh, A.P.P. for the Respondent-State.
                                 ——————

                     Coram :     RANJITSINHA RAJA BHONSALE, J.

                     Date   :    27th March 2026.

PER COURT :

1.    Heard learned counsel for the Applicant and learned A.P.P. 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



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                                                            914-ALP-378-2017 (CR).docx


[(2025) SCC        OnLine SC 1320], the Applicant would contest the appeal

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. ]




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