Bombay High Court
JALNA MARCHANTS CO OP BANK LTD. JALNAversusRAMESHWAR DNYANESHWAR MISAL
- Disposal
- Transfer to other court
Holding
The appeal is transferred to the District and Sessions Court and shall be dealt with as an appeal under the proviso to Section 372 CrPC.
Summary
The appellant Jalna Merchants Co‑Op Bank Ltd. appealed an order of acquittal under Section 138 of the Negotiable Instruments Act. The respondent, Rameshwar Dnyaneshwar Misal, through counsel, sought transfer of the appeal to the District and Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025). The High Court, after hearing counsel, ordered that the appeal be transferred to the appropriate District and Sessions Court, to be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, and directed that the time spent before the High Court be excluded for limitation purposes. The order also directed the Sessions Court to issue notices and proceed in accordance with law.
Issues considered
- Whether the appeal against acquittal under Section 138 NI Act can be transferred from the High Court to the District and Sessions Court in view of the Supreme Court’s decision in Celestium Financial v. Ganasekaran.
- Whether the appeal should be treated as an appeal under the proviso to Section 372 CrPC and the period spent before the High Court excluded for limitation.
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
- criminal appeal
Judgment
2026:BHC-AUG:38472
947-Cri-Apeal-635-2006.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
947 CRIMINAL APPEAL NO. 635 OF 2006
JALNA MARCHANTS CO OP BANK LTD. JALNA
VERSUS
RAMESHWAR DNYANESHWAR MISAL
.…
Mr. V. C. Solshe, Advocate for Respondent
.…
CORAM : ABHAY S. WAGHWASE, J.
DATE : August 25, 2026
PER COURT :-
1. Mr. V. C. Solshe, learned counsel for respondent
submitted that he had already talked with Mr. R. S.
Dhamangaonkar, learned counsel for appellant, who is currently in
Jalna and during telephonic talk, learned counsel for appellant has
no objection in transferring the case to the trial Court.
2. Learned counsel for the respondent 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
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Sessions Court and hence urges that, the instant appeal be transferred to
the District Court.
3. In view of the above, the following order is passed :
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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