Bombay High Court

SHIVAJI DHONDIBA PATILversusAMOL NARAYAN SUTAR AND ORS.

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 CrPC, with the period spent before this Court excluded for limitation.

Summary

The applicant, Shivaji Dhondiba Patil, filed an application for leave to appeal against an order of acquittal under Section 138 of the Negotiable Instruments Act, 1881. He sought transfer of the appeal to the District and Sessions Court, relying on the Supreme Court’s decision in M/s. Celestium Financial v. Ganasekaran (2025) SCC OnLine SC 1320. The High Court, after hearing counsel, ordered that the matter be transferred to the appropriate District and Sessions Court, to be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, and directed that the time spent before the High Court be excluded for limitation purposes. The court directed the registrar to effect the transfer and the concerned court to issue notices and proceed accordingly. The application was thereafter disposed.

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 ruling in Celestium Financial v. Ganasekaran applies to such transfers.
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

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

Subjects

leave to appeal
Section 138 NI Act
transfer of proceedings
Section 372 CrPC
limitation period
acquittal
appellate jurisdiction

Judgment

922-ALP-74-2021 (CR).docx

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

CRIMINAL APPELLATE JURISDICTION

APPLN FOR LEAVE TO APPEAL (PVT.) NO. 74 OF 2021

Shivaji Dhondiba Patil … Applicant
Versus
Amol Narayan Sutar And Anr. … Respondents

——————
Mr. Anand Patil i/b. Mr. Naveen Khaire for the Applicant.
Mr. Nitin B. Patil, A.P.P. for the Respondent-State.
——————

Coram : RANJITSINHA RAJA BHONSALE, J.

Date : 30th April 2026.

PER COURT :

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

Respondent - 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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922-ALP-74-2021 (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
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.04.30
19:20:00 +0530

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