Kashinath Dodha Patil v. Ramkrishana Motiram Patil

2025:BHC-AUG:36687 P2-CriAppeal-208-2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 208 OF 2024 KASHINATH S/O DODHA PATIL

VERSUS

RAMKRISHNA MOTIRAM PATIL .....

Mr. Bhushan S. Dhawale, Advocate for the Appellant. .....

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

22 DECEMBER 2025 PER COURT :- 1.

Not on board. Upon mentioning, taken on board. 2.

Learned counsel for the appellant 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.

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

P2-CriAppeal-208-2024 -2to 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).

[ABHAY S. WAGHWASE, J.] vre