Bombay High Court

SIDDHI VINAYAK SHETKARI SHET MAJUR SEVABHAVI SANSTHA LTDversusSHRIRAM DEVALA RATHOD AND ANR

Disposal: Transfer to other court

Holding

The appeal is transferred to the concerned District and Sessions Court and shall be treated as an appeal under the proviso to Section 372 of the CrPC, with the time spent before the High Court excluded for limitation.

Summary

The appellant, Siddhi Vinayak Shetkari Shet Majur Sevabhavi Sanstha Ltd, appealed against 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 to the District and Sessions Court. The High Court, presided by Justice Abhay S. Waghwase, ordered the transfer, directing the Registrar to effect it immediately. The appointed Sessions Court is to issue notices and proceed as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, following the Supreme Court’s observations. Additionally, the Court directed that the time spent before the High Court be excluded when calculating the limitation period for the appeal.

Issues considered

Whether an appeal against an acquittal under Section 138 NI Act can be transferred from the High Court to the District and Sessions Court after a High Court order.
Whether the appeal should be treated as an appeal under the proviso to Section 372 CrPC 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 limitation purposes.

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
criminal appeal
High Court order

Judgment

2026:BHC-AUG:39989

940-Cri-Apeal-534-2006.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

940 CRIMINAL APPEAL NO. 534 OF 2006

SIDDHI VINAYAK SHETKARI SHET MAJUR SEVABHAVI SANSTHA
LTD
VERSUS
SHRIRAM DEVALA RATHOD AND ANR
.…
Mr. S. P. Katneshwarkar, Advocate for Appellant
Ms A. S. Mantri, APP for Respondent No.2 - State
.…

CORAM : ABHAY S. WAGHWASE, J.

DATE : 02 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 )) 940-Cri-Apeal-534-2006

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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