Bombay High Court
ANIL S/O. BABULAL KATARIYAversusRAJU S/O. HARI CHANDANE
- Disposal
- DISPOSED OFF
- Bench
- ABHAY S WAGHWASE
Holding
The High Court ordered the transfer of the appeals to the concerned District and Sessions Court.
Summary
Anil Babular Katariya appealed the acquittal of a Section 138 Negotiable Instruments Act charge against Vijay Balasaheb Kale. The appellants, through counsel, invoked the Supreme Court’s recent decision in Celestium Financial v. Ganasekaran (2025) to argue that the appeal should be heard by the District and Sessions Court rather than the High Court. The High Court, presided over by Justice Abhay S. Waghwase, considered the applicability of the proviso to Section 372 of the Code of Criminal Procedure as interpreted by the Supreme Court. The court ordered that the appeals be transferred to the appropriate District and Sessions Court for further proceedings, directing the registrar to effect the transfer and the Sessions Court to issue notices and proceed in accordance with law.
Issues considered
- Whether appeals against acquittal under Section 138 of the Negotiable Instruments Act should be transferred to the District and Sessions Court in view of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.
- Whether the proviso to Section 372 of the Code of Criminal Procedure applies to such transfers.
Legislation cited
- Code of Criminal Procedure — s. 372
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- appeal transfer
- jurisdiction
- Code of Criminal Procedure
- Supreme Court precedent
Judgment
2026:BHC-AUG:1085
{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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