Bombay High Court

LAXMAN MURLIDHAR DALVIversusRAMESH BABAN KOLHE

Disposal: Transfer to other court

Holding

The appeal shall be transferred to the District and Sessions Court and treated as an appeal under the proviso to Section 372 CrPC, with the period spent before this Court excluded from the limitation period.

Summary

The appellant, Laxman Murlidhar Dalvi, appealed an acquittal under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025), he sought transfer of the appeal to the District and Sessions Court. The High Court, after considering the precedent, 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. It also instructed that the time spent prosecuting the appeal before the High Court be excluded from the limitation period. The order was issued by Justice Abhay S. Waghwase.

Issues considered

Whether an appeal against acquittal under Section 138 NI Act can be transferred to a District and Sessions Court.
Whether the appeal should be treated as an appeal under the proviso to Section 372 CrPC in view of the Celestium Financial judgment.
Whether the period spent before the High Court should be excluded from the limitation period.

Legislation cited

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

Subjects

Section 138 NI Act
appeal transfer
Section 372 CrPC
limitation period
Supreme Court precedent

Judgment

2026:BHC-AUG:36895

937-Cri-Apeal-513-2006.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

937 CRIMINAL APPEAL NO. 513 OF 2006

LAXMAN MURLIDHAR DALVI
VERSUS
RAMESH BABAN KOLHE
.…
Mr. R. B. Deshpande, Advocate for Appellant
Mr. N. V. Gaware Patil, Advocate for Respondent
.…

CORAM : ABHAY S. WAGHWASE, J.

DATE : August 18, 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 :

1 of 2
(( 2 )) 937-Cri-Apeal-513-2006

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

2 of 2

Continue reading with your account

Checking your session…