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 treated as appeals under the proviso to Section 372 CrPC and transferred to the appropriate District and Sessions Court.
Summary
The petitioners filed applications for leave to appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act. They sought transfer of these applications to the District and Sessions Court, invoking the Supreme Court's decision in Celestium Financial v. Ganasekaran. The High Court, relying on that precedent, ordered that the applications be transferred and treated as appeals under the proviso to Section 372 of the Code of Criminal Procedure. The Registrar was directed to effect the transfer immediately. The District Court was instructed to issue notices and proceed in accordance with law. Consequently, the applications for leave to appeal were disposed of after transfer.
Issues considered
- Whether applications for leave to appeal against acquittal under Section 138 NI Act can be transferred to a District and Sessions Court.
- Whether such applications should be treated as appeals under the proviso to Section 372 CrPC 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
- Leave to appeal
- Section 138 NI Act
- Section 372 CrPC
- Transfer of proceedings
- Supreme Court precedent
Judgment
2026:BHC-AUG:9823
{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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