Bombay High Court

M/S RAVIKIRAN POULTRY FARM THROUGH VINARY RATNAKAR MACHVE AND OTHERSversusAL NOOR AGRO FARM PRODUCTS PVT LTD A PRIVATE LIMITED COMPANY AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The High Court ordered the appeal to be transferred to the District and Sessions Court, to be dealt with as an appeal under the proviso to Section 372 CrPC, and directed exclusion of the High Court period for limitation calculation.

Summary

The appellants, M/s Ravikiran Poultry Farm and others, appealed an order of acquittal under Section 138 of the Negotiable Instruments Act. They sought transfer of the appeal from the Bombay High Court to the concerned District and Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. Ganasekaran (2025). The High Court, per Judge Abhay S. Waghwase, ordered the transfer, directing the Registrar to effect it and directing the Sessions Court to treat the matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The Court also directed that the time spent before the High Court be excluded when calculating the limitation period. The order does not decide the merits of the appeal but merely transfers the proceedings.

Issues considered

Whether an appeal against an acquittal under Section 138 of the Negotiable Instruments Act can be transferred from the High Court to a District and Sessions Court.
Whether the proviso to Section 372 of the Code of Criminal Procedure applies to such a transferred appeal as per the Supreme Court’s ruling in Celestium Financial v. Ganasekaran.
Whether the period spent prosecuting the appeal before the High Court should be excluded for the purpose of limitation.

Legislation cited

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

Subjects

Section 138 NI Act
appeal transfer
High Court
District and Sessions Court
Section 372 CrPC
limitation period
acquittal
commercial paper

Judgment

2026:BHC-AUG:1695
-1-
942-APPEAL-646-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

942 CRIMINAL APPEAL NO. 646 OF 2024

M/S RAVIKIRAN POULTRY FARM THROUGH VINARY RATNAKAR
MACHVE AND OTHERS
VERSUS
AL NOOR AGRO FARM PRODUCTS PVT LTD A PRIVATE LIMITED
COMPANY AND OTHERS

......
Advocate for Appellants : Mr. Yuvraj S. Choudhari
......

CORAM : ABHAY S. WAGHWASE, J.
DATED : 17 JANUARY 2026

PER COURT :

1. Learned counsel for the appellants 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 :

ORDER

I. The present proceedings be transferred to the concerned
District and Sessions Court. Learned Registrar (Judicial) of
-2-
942-APPEAL-646-2024

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.)

Tandale

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