Bombay High Court

ANISA BEGUM ABDUL HAMID THROUGH HER SON GPA MR QURESHI WASIM RAJA ABDUL HAMIDversusKAVITA DINKAR NAVGIRE

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 of the CrPC.

Summary

An appeal was filed by Anisa Begum against an acquittal under Section 138 of the Negotiable Instruments Act. The appellant sought transfer of the appeal to the District and Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. Ganasekaran (2025). The High Court considered whether the appeal could be transferred and treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The Court ordered that the matter be transferred to the appropriate District and Sessions Court and that it be dealt with as an appeal under Section 372, following the Supreme Court's observations. The order disposed of the matter pending further proceedings in the lower court.

Issues considered

Whether an appeal against acquittal under Section 138 NI Act can be transferred to a District and Sessions Court.
Whether the Supreme Court's decision in Celestium Financial v. Ganasekaran mandates such transfer.
Whether the appeal should be treated as an appeal under the proviso to Section 372 of the CrPC.

Legislation cited

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

Subjects

Section 138
Negotiable Instruments Act
appeal transfer
Section 372
Criminal Procedure Code
Supreme Court precedent
acquittal

Judgment

2026:BHC-AUG:37125

909-CriAppeal-159-2026
-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

909 CRIMINAL APPEAL NO. 159 OF 2026

ANISA BEGUM W/o ABDUL HAMID THROUGH HER SON GPA MR
QURESHI WASIM RAJA S/O ABDUL HAMID
VERSUS
KAVITA DINKAR NAVGIRE

...
Advocate for Appellant : Mr. G. R. Syed
Advocate for Respondent : Mr. Aadil A. Shaikh h/f Mr. R. V. Gore
...

CORAM : ABHAY S. WAGHWASE, J.
DATED : 19.08.2026

ORDER :

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

appeals has been preferred against the judgment and 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 same be

transferred to the District Court.

2. In view of the above, the following order is passed :
909-CriAppeal-159-2026
-2-

ORDER

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

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

III. 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.

IV. 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).

V. The matter is accordingly disposed of.

[ABHAY S. WAGHWASE, J.]

vre

Continue reading with your account

Checking your session…