Bombay High Court
VAISHALI PRADIP SOLANKEversusSACHIN SHANKARRAO SHAHANE
- 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 this Court excluded for limitation.
Summary
The appellant, Vaishali Pradip Solanke, appealed against an acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025), counsel sought transfer of the appeal to the District and Sessions Court. The High Court ordered the matter to be transferred, directing the Registrar to effect the transfer and the Sessions Court to issue notices and proceed. The Court directed that the appeal be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, and that the period spent before the High Court be excluded when calculating limitation. The order effectively moves the appeal to the lower court for further adjudication.
Issues considered
- Whether an appeal against an order of acquittal under Section 138 of the Negotiable Instruments Act can be transferred to a District and Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure in light of 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 the purpose of limitation.
Legislation cited
- Code of Criminal Procedure — s. 372
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- appeal transfer
- Section 372 CrPC
- limitation period
- Negotiable Instruments Act
- criminal procedure
- jurisdiction
Judgment
2026:BHC-AUG:36889
913-Cri-Apeal-157-2019.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
913 CRIMINAL APPEAL NO. 157 OF 2019
VAISHALI PRADIP SOLANKE
VERSUS
SACHIN SHANKARRAO SHAHANE
.…
Ms A. P. Patil h/f Mr. S. J. Salunke, Advocate for Appellant
Mr. N. P. Bangar, Advocate for Respondent
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : August 18, 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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(( 2 )) 913-Cri-Apeal-157-2019
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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