Bombay High Court

WASAN AUTOMOBILES THROUGH ITS MANAGERversusASHOK LAXMAN DEVADE

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 of the Code of Criminal Procedure.

Summary

Wasan Automobiles appealed against a trial court's acquittal on a charge under Section 138 of the Negotiable Instruments Act. The appellant sought transfer of the appeal to the District and Sessions Court, relying on the Supreme Court's decision in Celestium Financial v. Ganasekaran. The High Court, applying the Supreme Court's observations, ordered that the appeal be transferred and treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The Registrar was directed to effect the transfer, and the Sessions Court was instructed to issue notices and proceed according to law. Consequently, the appeal was disposed of pending transfer.

Issues considered

Whether an appeal against an acquittal under Section 138 of the Negotiable Instruments Act can be transferred to the District and Sessions Court as an appeal under the proviso to Section 372 of the Code of Criminal Procedure in view of the Supreme Court decision in Celestium Financial v. Ganasekaran.
Whether the appeal should be treated as an appeal under the proviso to Section 372 CrPC.

Legislation cited

Code of Criminal Procedure, 1973 — s. 372
Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 138 NI Act
Section 372 CrPC
appeal transfer
acquittal
appellate jurisdiction
Negotiable Instruments Act
Criminal Procedure Code

Judgment

                                      {1}          CrAppeal-602-2006


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

              939 CRIMINAL APPEAL NO. 602 OF 2006

             Wasan Automobiles, Through Its Manager
                               VERSUS
                       Ashok Laxman Devade
                                  ...
Advocate for Appellant : Mr. S.L.Bhapkar
Advocate for Respondent : Mr.M.R.Dusunge h/f. Mr. N.B.Narwade
                                 ….

                       CORAM : ABHAY S. WAGHWASE, J.

                       DATE :        21 AUGUST, 2026
PER COURT :-



1.    Learned counsel for the appellant points out that, the instant

appeal has 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 appeal 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 :
                                   {2}            CrAppeal-602-2006




                                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 this matter to the concerned District
and Sessions Court, immediately.

III.   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.

IV.    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).


V.     Accordingly, the appeal is disposed of.



                                         ( ABHAY S. WAGHWASE )
                                                 JUDGE
SPT

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