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Bombay High Court

ATMARAM BUDHOMAL TALREJAversusSUDHAKAR@SUDHIR GANESHRAO PATIL AND ORS

Disposal
Transfer to other court

Holding

The appeal is to be transferred to the concerned District and Sessions Court and treated as an appeal under the proviso to Section 372 CrPC, with the period spent before the High Court excluded for limitation calculation.

Summary

The appellant, Atmaram Budhomal Talreja, appealed against an order of acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025), he sought to have the appeal transferred to the District and Sessions Court. The High Court, after considering the submission, ordered the transfer of the proceedings to the appropriate District and Sessions Court. The transferred court is directed to treat the matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, following the Supreme Court’s observations. Additionally, the High Court directed that the period spent before it be excluded when calculating the limitation period for the appeal.

Issues considered

  • Whether an appeal against an acquittal under Section 138 NI Act can be transferred from the High Court to a District and Sessions Court.
  • Whether the appeal should be governed by the proviso to Section 372 CrPC as per the Supreme Court’s ruling in Celestium Financial v. Ganasekaran.
  • Whether the time spent prosecuting the appeal before the High Court should be excluded for limitation purposes.

Legislation cited

Subjects

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

Judgment

2026:BHC-AUG:41859


                                                                    941-Cri-Apeal-135-2007.odt




                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                     BENCH AT AURANGABAD
                              941 CRIMINAL APPEAL NO. 135 OF 2007
                                  ATMARAM BUDHOMAL TALREJA
                                                VERSUS
                         SUDHAKAR@SUDHIR GANESHRAO PATIL AND ORS
                                                  .…
                 Mr. Pradip S. Jadhav h/f Mr. V. P. Latange, Advocate for Appellant
                 Mr. P. S. Agrawal h/f Mr. S. S. Rathi, Advocate for Respondent Nos.
                 1 and 2
                 Ms A. S. Mantri, APP for Respondent No.3 - State
                                                  .…

                                      CORAM : ABHAY S. WAGHWASE, J.

                                         DATE : 10 September, 2026
                 PER COURT :-

                 1.           Learned counsel for the appellant points out that, the

                 instant appeal is preferred 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 appeal before learned District and

                 Sessions Court and hence urges that, the instant appeal be

                 transferred to the District Court.


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



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                                 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 Sessions 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 Sessions 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 appeal before this Court while
            calculating the period of limitation.



                                      [ ABHAY S. WAGHWASE, J. ]

SMS




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