Bombay High Court

ANIL BABULAL KATARIYAversusVIJAY BALASAHEB KALE

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The High Court held that the appeals should be transferred to the concerned District and Sessions Court and treated as appeals under the proviso to Section 372 of the Code of Criminal Procedure, following the Supreme Court’s observation in Celestium Financial.

Summary

The appellants, led by Anil B. Katariya, filed multiple criminal appeals (Nos. 464‑467 of 2009 and others) against the acquittal of Vijay Kale and other respondents under Section 138 of the Negotiable Instruments Act. The appellants sought transfer of these appeals from the High Court to the appropriate District and Sessions Court, relying on the Supreme Court’s recent decision in Celestium Financial v. Ganasekaran (2025). The High Court, after considering the SC precedent, ordered that the proceedings be transferred to the concerned District and Sessions Court. It directed the Registrar to effect the transfer and instructed the Sessions Court to treat the matters as appeals under the proviso to Section 372 of the Code of Criminal Procedure. The order emphasizes that the transfer is in line with the Supreme Court’s observations regarding jurisdiction over such appeals. The decision does not address the merits of the original acquittal but merely re‑routes the procedural forum.

Issues considered

Whether appeals against acquittal under Section 138 of the Negotiable Instruments Act may be transferred from the High Court to a District and Sessions Court under the proviso to Section 372 of the Code of Criminal Procedure.
Whether the High Court has the authority to order such a transfer in light of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.

Legislation cited

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

Subjects

Section 138 Negotiable Instruments Act
appeal transfer
Section 372 CrPC
jurisdiction
Supreme Court precedent
criminal appeals
high court order

Judgment

2026:BHC-AUG:1075

{1} CR APPEAL 464 OF 2009+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

933 CRIMINAL APPEAL NO. 464 OF 2009

ANIL BABULAL KATARIYA
VERSUS
VIJAY BALASAHEB KALE

934 CRIMINAL APPEAL NO. 465 OF 2009

ANIL BABULAL KATARIYA
VERSUS
VIJAY BALASAHEB KALE

935 CRIMINAL APPEAL NO. 466 OF 2009

ANIL BABULAL KATARIYA
VERSUS
VIJAY BALASAHEB KALE

936 CRIMINAL APPEAL NO. 467 OF 2009

ANIL BABULAL KATARIYA
VERSUS
VIJAY BALASAHEB KALE
....
Advocate for Appellant : Mr. Narayan B. Narwade
....

939 CRIMINAL APPEAL NO. 185 OF 2016

ANIL BABULAL KATARIYA.
VERSUS
PURUSHOTTAM KANHAIYYALAL RATHOD (PARDESHI)
…
WITH CRIMINAL APPEAL NO. 350 OF 2009
WITH CRIMINAL APPEAL NO. 463 OF 2009
WITH CRIMINAL APPEAL NO. 186 OF 2016
WITH CRIMINAL APPEAL NO. 187 OF 2016
WITH CRIMINAL APPEAL NO. 503 OF 2018
WITH CRIMINAL APPEAL NO. 504 OF 2018
{2} CR APPEAL 464 OF 2009+

WITH CRIMINAL APPEAL NO. 512 OF 2018
WITH CRIMINAL APPEAL NO. 511 OF 2018
WITH CRIMINAL APPEAL NO. 509 OF 2018
WITH CRIMINAL APPEAL NO. 510 OF 2018
WITH CRIMINAL APPEAL NO. 508 OF 2018
WITH CRIMINAL APPEAL NO. 498 OF 2018
WITH CRIMINAL APPEAL NO. 506 OF 2018
WITH CRIMINAL APPEAL NO. 507 OF 2018
….
Advocate for Appellants : Mr. Narayan B. Narwade
Advocate for Respondent : Mr. Amol N. Kakade
….

CORAM : ABHAY S. WAGHWASE, J.

DATE : 13 JANUARY, 2026
PER COURT :-

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

appeals have 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 appeals 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 :
{3} CR APPEAL 464 OF 2009+

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 these matters to the concerned
District and Sessions Court, immediately.

III. The learned Sessions Court to whom these matters will be
assigned, after registering it, shall issue notice to the concerned
parties, and thereafter, proceed further with the matters in
accordance with law.

IV. The concerned Sessions Court shall treat these matters as
appeals 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).

( ABHAY S. WAGHWASE )
JUDGE
SPT

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