Bombay High Court

SHIVDATT SHRIRANG DHASversusBAPUSAHEB GITARAM KARDILE

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The applications for leave to appeal are to be transferred to the concerned District and Sessions Court and treated as appeals under the proviso to Section 372 of the CrPC.

Summary

The applicants sought leave to appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran, they requested that the matters be transferred to the District and Sessions Court and treated as appeals under the proviso to Section 372 of the Code of Criminal Procedure. The High Court, after considering the submissions, ordered the transfer of the applications to the concerned District and Sessions Court. The Court directed the Registrar to effect the transfer and instructed the District Court to issue notices and proceed in accordance with law, treating the applications as appeals under Section 372. Consequently, the applications for leave to appeal were disposed of.

Issues considered

Whether applications for leave to appeal against acquittal under Section 138 NI Act can be treated as appeals under the proviso to Section 372 CrPC.
Whether such applications may be transferred to the District and Sessions Court 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
Leave to appeal
Section 372 CrPC
Transfer of jurisdiction
Supreme Court precedent
Acquittal
Appellate procedure

Judgment

2026:BHC-AUG:9824


                                                      {1}                 ALP 78 OF 2025+


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                     32 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 78 OF 2025
                     WITH APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 77 OF 2025
                     WITH APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 80 OF 2025

                                       SHIVDATT SHRIRANG DHAS
                                                  VERSUS
                                     BAPUSAHEB GITARAM KARDILE
                                                     ...
                    Advocate for Appellant : Mr. Shubham Dattatrya Jayabhar
                    Advocate for Respondent no.2 : Mr. Sidhesh V. Jadhwar
                                                    ….

                                          CORAM : ABHAY S. WAGHWASE, J.

                                          DATE :     09 MARCH, 2026
                    ORDER :-



                    1.    Learned counsel appearing for the applicants points out that,

                    the instant applications are preferred seeking leave to file appeals.

                    That, applications   for leave to appeal are 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 above matters

                    before learned District and Sessions Court and hence urges that, the

                    same be transferred to the learned District Court.
                                   {2}                   ALP 78 OF 2025+


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


                                ORDER


I.     The present matters be transferred to the concerned District
and Sessions Court.


II.    Learned Registrar (Judicial) of this Court to take further
necessary action for transferring these matters to the concerned
District and Sessions Court, immediately.


III.   The concerned District and Sessions Court to whom these
matters will be assigned, after registering it, shall issue notice to the
concerned parties, and thereafter, proceed further with the matters in
accordance with law.


IV.    The concerned District and Sessions Court shall treat the
applications for leave to appeal as appeals 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).



V.     Applications for leave to appeal are accordingly disposed of.




                                         ( ABHAY S. WAGHWASE )
                                                 JUDGE
SPT

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