Bombay High Court

ARUNA WD/O RAVINDRA KULKARNIversusRANJANA KASHINATH JADHAV

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 CrPC.

Summary

Aruna, the appellant, filed a criminal appeal against the trial court's acquittal under Section 138 of the Negotiable Instruments Act. She 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 examined whether such an appeal could be transferred and treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure. The Court held that, in line with the Supreme Court precedent, the appeal should be transferred and dealt with as a Section 372 appeal. Accordingly, the matter was ordered to be transferred, the Sessions Court instructed to issue notices, and the appeal was disposed.

Issues considered

Whether an appeal against an acquittal under Section 138 of the Negotiable Instruments Act can be transferred to a District and Sessions Court under 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 of the Code of Criminal Procedure.

Legislation cited

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

Subjects

Section 138
Negotiable Instruments Act
appeal transfer
Section 372
Criminal Procedure Code
acquittal
Supreme Court precedent

Judgment

2026:BHC-AUG:38031


                                                       {1}          CrAppeal-854-2024


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               918 CRIMINAL APPEAL NO. 854 OF 2024

                                   Aruna Wd/o Ravindra Kulkarni
                                               VERSUS
                                      Ranjana Kashinath Jadhav
                                                  ...
                 Advocate for Appellant : Mr.Sohail Subhedar Shaikh
                 Advocate for Respondent : Mr.K.A. Ingle
                                                 ….

                                        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-854-2024




                                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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