M/S Sai Auto Agencies, Thr. Its Partner v. Madhukar Mahadeorao Rajgure And ANR

2025:BHC-NAG:10830 14-Cr.APPEAL-134-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 134 OF 2013 M/s Sai Auto Agencies -- VERSUS -- Madhukar Mahadeorao Rajgure and Another __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

None present for the Appellant.

Mr. A.M. Joshi, A.P.P. for the Respondent No.2/State. CORAM :

M.M. NERLIKAR, J.

DATE :

OCTOBER 14, 2025.

None appears for the appellant.

2.

On 10/10/2025, there was no appearance on behalf of the appellant. Even today, none appears. The present appeal is filed against an order of acquittal for the offence punishable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881.

3.

In view of the judgment of the Supreme Court in Celestium Financial .vrs. A. Ganasekaran Etc (2025 SCC Online SC 1320), the matter is transferred for the disposal to the District and Sessions Court, Amravati. Hence the following order.

14-Cr.APPEAL-134-2013

O R D E R

(1) The Application/Appeal is transferred to the District and Sessions Court, Amravati, who shall after registering the matter, deal with the matter in accordance with law.

(2) Parties shall appear before the District and Sessions Court, Amravati, on 24/11/2025.

(3) If the non-applicant/respondent is not served or to be served, in that case the District and Sessions Court, Amravati, shall issue notice and thereafter proceed further with the matter.

(4) In case either of the parties remains absent after transfer of the matter to the District and Sessions Court, Amravati, the Court / Judge shall issue notice to the party before proceeding with the matter. (5) The District and Sessions Court, Amravati, shall treat the matter as appeal under proviso to Section 372 of the Code as per the observations of the Supreme Court in case of Celestium Financial (supra). (6) Registrar (Judicial) of this Court to take further necessary action for transferring this matter to the District and Sessions Court, Amravati, immediately. [ M.M. NERLIKAR, J ] Piyush Mahajan