Bombay High Court

SATISH S/O. MAROTI HAZAREversusASARAM S/O. JANARDHAN JADHAV

Disposal: Transfer to other court
Bench: ABHAY S WAGHWASE

Holding

The appeal shall be transferred to the District and Sessions Court and treated as an appeal under the proviso to Section 372 of the CrPC.

Summary

Satish 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. The High Court, after considering the precedent, ordered that the appeal be transferred to the appropriate District Court. The transferred appeal shall be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The Court also directed that the time spent before the High Court not be counted towards the limitation period.

Issues considered

Whether an appeal against an acquittal under Section 138 NI Act can be transferred from the High Court to the District and Sessions Court in view of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.
Whether the transferred appeal should be governed by the proviso to Section 372 of the CrPC.

Legislation cited

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

Subjects

Section 138 NI Act
appeal transfer
Code of Criminal Procedure
Section 372 CrPC
limitation period
Supreme Court precedent

Judgment

                                                       921 Appeal 306-2018


            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD

                      921 CRIMINAL APPEAL NO. 306 OF 2018

                       SATISH S/O. MAROTI HAZARE
                                  VERSUS
            ASARAM S/O. JANARDHAN JADHAV AND ANOTHER
                                     …
Mr. S.B. Solanke – Advocate for Appellant
Mr. S.N. Pagare – Advocate for Respondent No.1
Mr. B.B. Bhise – APP for Respondent No.2, State
                                    ….

                                      CORAM : ABHAY S. WAGHWASE, J.
                                      DATE     : 10.04.2026

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 :

                                    ORDER

       I.    The present proceedings be transferred to the concerned District
             and Sessions Court. Learned Registrar (Judicial) of this Court to

                                      1/2
                                                             921 Appeal 306-2018

                   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. ]


Pooja Kale




                                               2/2

Continue reading with your account

Checking your session…