Bombay High Court

BALU BABU PAWARversusBHASKAR ANANDRAO JADHAV 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 of the CrPC, with the time spent before the High Court excluded for limitation.

Summary

The applicant, Balu Babu Pawar, filed an application seeking leave to appeal an order of 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), the applicant requested that the appeal be transferred to the District and Sessions Court. The High Court, after hearing counsel, ordered the transfer of the proceedings to the appropriate District 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 before the High Court be excluded when calculating the limitation period. Consequently, the application was disposed of, and the matter was sent to the District Court for further hearing.

Issues considered

Whether an application for leave to appeal against an acquittal under Section 138 NI Act can be transferred from the High Court to a District and Sessions Court.
Whether the Supreme Court’s observations in Celestium Financial v. Ganasekaran are applicable to the present appeal.
Whether the period spent before the High Court should be excluded for limitation purposes under Section 372 CrPC.

Legislation cited

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

Subjects

Section 138 NI Act
appeal transfer
leave to appeal
limitation period
Section 372 CrPC
Supreme Court precedent

Judgment

                                                        916-ALP-38-2018 (CR).docx


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

                   CRIMINAL APPELLATE JURISDICTION

           APPLN FOR LEAVE TO APPEAL (PVT.) NO. 38 OF 2018

Balu Babu Pawar                                      … Applicant
                   Versus
Bhaskar Anandrao Jadhav And Anr.                     … Respondents



                                  ——————
Mr. Onkar Bajaj i/b. Mr. Kuldeep U. Nikam 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 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

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


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                                                            916-ALP-38-2018 (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. ]




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