Bombay High Court
THE FEDERAL BANK LIMITEDversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court permitted the appeal by treating the leave application as an appeal memo and transferred the matter to the Sessions Court for hearing.
Summary
The applicant, Navnath Sitara Waghmare, a complainant in a Section 138 Negotiable Instruments Act case, sought leave to appeal an acquittal and condonation of delay. The High Court considered the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025) which permits filing an appeal under Section 372 of the CrPC. Relying on that precedent, the Court allowed the applicant to treat the leave application as an appeal memo. It ordered the transfer of the application and the delay‑condonation petition to the Greater Mumbai Sessions Court for substantive hearing. No merits were decided by the High Court, and the applications were disposed after directing procedural steps.
Issues considered
- Whether the complainant is entitled to file an appeal against acquittal under Section 372 CrPC in a Section 138 NIA case
- Whether delay in filing the appeal can be condoned
Legislation cited
- Code of Criminal Procedure, 1973 — s. 372
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 138 NIA
- appeal
- delay condonation
- Criminal Procedure
- jurisdiction transfer
Judgment
17-IA-273-2020 @.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 273 OF 2020
WITH
APPLICATION FOR LEAVE TO APPEAL(PVT.) (ST) NO. 32 OF 2020
NAVNATH
SITARAM
WAGHMARE The Federal Bank Limited ...Applicant
Digitally signed by
NAVNATH SITARAM
Versus
WAGHMARE
Date: 2026.10.08 The State Of Maharashtra And Ors. ...Respondents
20:19:05 +0530
****
Mr. Vivek Sawant for the Applicant.
Mr. D.J. Haldankar, APP for the Respondent /State.
****
CORAM : M.M. SATHAYE, J.
DATE : 08th OCTOBER, 2026
P.C. :
1. Heard learned counsel for the Applicant, who is Complainant
in proceedings under Section 138 of the Negotiable Instruments Act,
1881. Present applications are filed for seeking leave to file appeal
against acquittal and for delay condonation.
2. Learned counsel for the Applicant, relying on the judgment of
Hon’ble Supreme Court in M/s. Celestium Financial Vs. A.
Gnanasekaran Etc. 2025 SCC OnLine SC 1320 submitted that the
Applicant wishes to exercise its right to prefer an appeal under Section
372 of Code of Criminal Procedure, 1973 (‘CrPC’ for short).
3. Considering the observations of the Hon’ble Supreme Court in
Paragraph No. 7.9 and 9 of the said judgment, the Applicant can
choose to file appeal.
4. Hence, the present criminal application along with delay
condonation application is hereby transferred to the concerned Sessions
Navnath Waghmare 1
17-IA-273-2020 @.doc
Court.
5. The Registry is directed to take necessary steps expeditiously
for transferring the record of the present application/delay condonation
application to the Sessions Court, Greater Mumbai.
6. The concerned Sessions Court is directed to register the
application/delay condonation application and proceed to hear the
same on its own merits in accordance with law. This Court has not
expressed any view on merits.
7. Leave application filed in this Court, setting out grounds of
challenge to the order of acquittal, be treated as appeal memo.
8. The Applicant is directed to supply a photocopy set of present
proceedings to the Registry, for the purpose of record.
9. The Applications are disposed of in above terms.
(M.M. SATHAYE, J.)
Navnath Waghmare 2
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