Bombay High Court

KALIKA NAGARI SAHKARI PATSANSTHA LTD. AHMEDNAGAR THROUGH MANAGER SOMESHWAR GOPAL DIKKARversusPRAVIN SAKHARAM RATHOD

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, with the pre‑transfer period excluded for limitation purposes.

Summary

The appellant, Kalika Nagari Sahkari Patsanstha Ltd., appealed an acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025), the appellant sought transfer of the appeal from the High Court to the District and Sessions Court. The High Court, per Judge Abhay S. Waghwase, ordered the transfer and directed the Sessions Court to treat the matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The court also directed that the time spent before transfer be excluded when calculating the limitation period. Consequently, the appeal will proceed in the District Court as per the Supreme Court’s observations.

Issues considered

Whether an appeal against an acquittal under Section 138 of the Negotiable Instruments Act can be transferred from the High Court to a District and Sessions Court in view of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.
Whether the period spent prosecuting the appeal before the High Court should be excluded for the purpose of limitation 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
High Court
District and Sessions Court
Code of Criminal Procedure
Section 372
limitation period
Celestium Financial case

Judgment

2026:BHC-AUG:41558

920-Cri-Apeal-480-2019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

920 CRIMINAL APPEAL NO. 480 OF 2019

KALIKA NAGARI SAHKARI PATSANSTHA LTD. AHMEDNAGAR
THROUGH MANAGER SOMESHWAR GOPAL DIKKAR
VERSUS
PRAVIN SAKHARAM RATHOD
.…
Mr. L. B. Palod, Advocate for Appellant
Mr. D. R. Bhadekar, Advocate for Respondent
.…

CORAM : ABHAY S. WAGHWASE, J.

DATE : 09 September, 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 :

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(( 2 )) 920-Cri-Apeal-480-2019

ORDER

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

SMS

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