Bombay High Court

ASHPAK SHAIKH S/O. JABBAR SHAIKHversusMUKTADIR S/O. KADIR SHAIKH

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.

Summary

The appellant, Ashpak Shaikh, appealed against his acquittal under Section 138 of the Negotiable Instruments Act. He 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, after considering the precedent, ordered the matter to be transferred to the appropriate District Court. It directed the Registrar to effect the transfer and instructed the Sessions Court to treat the case as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. Consequently, the appeal was disposed of pending transfer.

Issues considered

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

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
acquittal
Supreme Court precedent

Judgment

                                      {1}          CrAppeal-227-2019


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

              913 CRIMINAL APPEAL NO. 227 OF 2019

                 Ashpak Shaikh S/o. Jabbar Shaikh
                             VERSUS
                    Muktadir S/o. Kadir Shaikh
                                 ...
Advocate for Appellant: Mr.M.R.Dusunge h/f.Mr Narayan B. Narwade
Advocate for Respondent : Mr.Vishal Thorave h/f. Mr.Saeed S. Shaikh
                                ….

                       CORAM : ABHAY S. WAGHWASE, J.

                       DATE :        21 AUGUST, 2026
PER COURT :-



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

appeal 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 :
                                   {2}            CrAppeal-227-2019




                                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.     Accordingly, the appeal is disposed of.



                                         ( ABHAY S. WAGHWASE )
                                                 JUDGE
SPT

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