Created by Fuzzy Cloud

Bombay High Court

DIGAMBAR S/O. MANIKRAO YADAVversusTHE STATE OF MAHARASHTRA AND ANR

Disposal
Transfer to other court

Holding

The appeal is to be transferred to the District and Sessions Court and treated as an appeal under the proviso to Section 372 CrPC, with the limitation period excluding the time spent on the leave application.

Summary

The applicant, Digambar Yadav, sought leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act. He relied on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025) to argue that the appeal should be filed in the District and Sessions Court. The High Court, after considering the precedent, ordered the transfer of the proceedings to the appropriate District and Sessions Court. It directed the trial 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 application was subsequently disposed off.

Issues considered

  • Whether the appeal against an acquittal under Section 138 NI Act can be transferred to the District and Sessions Court in view of Celestium Financial v. Ganasekaran
  • Whether the appeal should be governed by the proviso to Section 372 CrPC
  • Whether the period spent prosecuting the leave application should be excluded from the limitation period

Legislation cited

Subjects

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

Judgment

                                                    917-ALP-05-2020.odt




         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

917 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 5 OF 2020

               DIGAMBAR S/O. MANIKRAO YADAV
                              VERSUS
             THE STATE OF MAHARASHTRA AND ANR
                                .…
Mr. V. B. Garud, Advocate for Applicant
Ms A. S. Mantri, APP for Respondent No.1 - State
Mr. S. S. Panale, Advocate for Respondent No.2
                                .…

                   CORAM : ABHAY S. WAGHWASE, J.

                      DATE : 02 September, 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 the case of 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 same be transferred to the District

Court.


                                                                 1 of 2
                                     (( 2 ))             917-ALP-05-2020




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 Trial 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 Trial 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)    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)     Application stands disposed off.



                                      [ ABHAY S. WAGHWASE, J. ]
SMS




                                                                           2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.