Bombay High Court

SHAIKH IMAMODDIN NIZAMODDINversusNAWAZ HASAN PEERJADE

Disposal: Transfer to other court

Holding

The appeal is to be transferred to the concerned District and Sessions Court and disposed of as an appeal under the proviso to Section 372 CrPC.

Summary

The appellant Shaikh Imamoddin Nizamoddin appealed against a trial court acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran, the appellant sought transfer of the appeal to the District and Sessions Court. The High Court, after noting the precedent and the proviso to Section 372 of the Code of Criminal Procedure, ordered the matter to be transferred to the appropriate Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed to treat the case as an appeal under Section 372. Consequently, the High Court disposed of the appeal, pending further proceedings in the Sessions Court.

Issues considered

Whether an appeal against an acquittal under Section 138 of the Negotiable Instruments Act can be transferred to the 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.

Legislation cited

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

Subjects

Section 138 NI Act
appeal transfer
Section 372 CrPC
Supreme Court precedent
criminal appeal
acquittal

Judgment

2026:BHC-AUG:38029


                                                       {1}          CrAppeal-231-2019


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                915 CRIMINAL APPEAL NO. 231 OF 2019

                                   Shaikh Imamoddin Nizamoddin
                                              VERSUS
                                        Nawaz Hasan Peerjade
                                                 ...
                 Advocate for Appellant:Mr.M.R.Dusunge h/f.Mr.Narayan B. Narwade
                 Advocate for Respondent : Mr. Shriraj R. Wakale
                                                ….

                                        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-231-2019




                                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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