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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

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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