Rajendra Dwarkadas Agrawal v. M/S. Agrawal Mobile Gallery Through Its Proprietor Dashrath Agrawal
2025:BHC-AUG:36383 {1} ALP 92 OF 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 921 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 92 OF 2023 RAJENDRA DWARKADAS AGRAWAL
VERSUS
M/S. AGRAWAL MOBILE GALLERY, THROUGH ITS PROPRIETOR DASHRATH AGRAWAL ...
Advocate for Appellant : Mr. Suniket Anil Kulkarni Ms.Rutuja L. Jakhade Advocate for Respondents : Mr. Vishal Amritlal Bagdiya ....
CORAM : ABHAY S. WAGHWASE, J.
DATE : 19 DECEMBER, 2025 PER COURT :- 1.
Learned counsel for the applicant points out that, the instant application has been preferred seeking leave to file appeal. That, application for leave to appeal is 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 above matter 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} ALP 92 OF 2023
ORDER
I.
The present matter 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 concerned District and 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 District and Sessions Court shall treat the application for leave to appeal 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.
Application for leave to appeal is accordingly disposed of. ( ABHAY S. WAGHWASE ) JUDGE SPT