Bombay High Court
BABURAO HANMANTRAO DABADWARversusSHANKARRAO VISHWANATHRAO TALE
- Disposal
- Transfer to other court
Holding
The appeal is to be transferred to the District and Sessions Court and treated as an appeal under the proviso to Section 372 CrPC, with the time spent before the High Court excluded from limitation calculations.
Summary
The appellant, Baburao Hanmantrao Dabadwar, appealed an order of acquittal under Section 138 of the Negotiable Instruments Act. He sought to have the appeal transferred to the District and Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. Ganasekaran (2025). The High Court considered whether the appeal could be moved and how it should be treated under the Code of Criminal Procedure. The Court noted that the Supreme Court had held such appeals could be transferred and dealt with as appeals under the proviso to Section 372 CrPC. Accordingly, the High Court ordered the transfer of the appeal to the appropriate District and Sessions Court and directed that the time spent before the High Court be excluded from limitation calculations. The Sessions Court is to register the appeal, issue notices, and proceed in accordance with law.
Issues considered
- Whether an appeal against an acquittal under Section 138 NI Act can be transferred from the High Court to a District and Sessions Court under the Supreme Court's precedent.
- Whether the transferred appeal should be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure.
- Whether the period spent prosecuting the appeal 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
- Code of Criminal Procedure
- Section 372 proviso
- limitation period
- High Court order
- criminal appeal
Judgment
2026:BHC-AUG:44214
945-Cri-Apeal-523-2006.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
945 CRIMINAL APPEAL NO. 523 OF 2006
BABURAO HANMANTRAO DABADWAR
VERSUS
SHANKARRAO VISHWANATHRAO TALE
.…
Mr. S. V. Kurundkar, Advocate for Appellant
Mr. U. B. Bilolikar, Advocate for Respondent sole
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : 29 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 )) 945-Cri-Apeal-523-2006
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
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