Devgiri Nagari Sahkari Bank Ltd., Through Officer, Priti Pradnyesh Kulkarni v. M/S Garware Synthetics Ltd., Through Director Nihal Chandrakant Garware
{1} CR APPLN 3094 OF 2025 +
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 909 CRIMINAL APPLICATION NO. 3094 OF 2025 IN ALPST/8466/2025 DEOGIRI NAGARI SAHAKARI BANK LTD., THROUGH AUTHORIZED OFFICER PRITI PRADNYESH KULKARNI
VERSUS
M/S GARWARE SYNTHETICS LTD. AND OTHERS ...
910 CRIMINAL APPLICATION NO. 3095 OF 2025 IN ALPST/8469/2025 DEOGIRI NAGARI SAHKARI BANK LTD., THROUGH OFFICER, PRITI PRADNYESH KULKARNI
VERSUS
M/S GARWARE SYNTHETICS LTD., THROUGH DIRECTOR NIHAL CHANDRAKANT GARWARE AND OTHERS ...
911 CRIMINAL APPLICATION NO. 3097 OF 2025 IN ALPST/8464/2025 DEOGIRI NAGARI SAHKARI BANK LTD., THROUGH OFFICER, PRITI PRADNYESH KULKARNI
VERSUS
M/S GARWARE SYNTHETICS LTD., THROUGH DIRECTOR NIHAL CHANDRAKANT GARWARE AND OTHERS ...
925 CRIMINAL APPLICATION NO. 3096 OF 2025 IN ALPST/8472/2025 DEOGIRI NAGARI SAHKARI BANK LTD., THROUGH OFFICER, PRITI PRADNYESH KULKARNI
VERSUS
M/S. GARWARE SYNTHETICS LTD., THROUGH DIRECTOR NIHAL CHANDRAKANT GARWARE AND OTHERS ...
Advocate for Applicant : Mr. Nikhilesh K. Tungar Advocate for Respondents : Mr.M.B.Darak & Mr.Santosh Kyadiguppi ....
{2} CR APPLN 3094 OF 2025 + CORAM : ABHAY S. WAGHWASE, J.
DATE : 02 DECEMBER, 2025 PER COURT :- 1.
Learned counsel for the applicant points out that, the instant applications have been preferred for condonation of delay in filing leave to appeal. That, applications for leave to appeal are 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 matters 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 :
ORDER
I.
The present matters be transferred to the concerned District and Sessions Court.
II.
Learned Registrar (Judicial) of this Court to take further necessary action for transferring these matters to the concerned District and Sessions Court, immediately.
{3} CR APPLN 3094 OF 2025 + III.
The learned Trial Court to whom these matters will be assigned, after registering it, shall issue notice to the concerned parties, and thereafter, proceed further with the matters in accordance with law.
IV.
The concerned Trial Court, after deciding the applications for condonation of delay, shall treat the applications for leave to appeal as appeals 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 ) JUDGE SPT