Sanmati Nagari Sahakari Patsanstha Ltd Through Deepak Chandrakant Nimbalkar v. Atul Sharad Doshi And ANR

38 Alp-87-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 87 OF 2025 (FOR LEAVE TO FILE APPEAL) Sanmati Nagari Sahakari Patsanstha Ltd Through Deepak Chandrakant Nimbalkar ...Applicant Vs.

Atul Sharad Doshi And Anr.

...Respondents

***** Mr. Ratan Adhe i/by Mr.

Pankaj P. Deokar Advocate for the Applicant Mr. B. V. Holambe-Patil APP for the Respondent-State Adv. Sheikhar Jagtap i/by J.

Shekhar Associates Advocate for the Respondent No. 1 ***** CORAM :

S. M. MODAK, J.

DATE :

11th JUNE 2025 P. C. :- 1.

There is judgment of acquittal for the offence punishable under Section 138 of the Negotiable Instruments Act. That is why Complainant seeking leave to prefer an Appeal. Learned Advocate Shri Jagtap undertakes to file vakalatnama.

2.

Recently, the Hon'ble Supreme Court in case of M/s. Celestium Seema 1/2 SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2025.06.13 10:41:27 +0530

38 Alp-87-2025.doc Financial Vs. A. Gnanasekaran etc.,1 observed that the Complainant under Section 138 of the Negotiable Instruments Act cases falls within the meaning of the victim and as such leave is not required as per the provisions of Section 378 of the Criminal Procedure Code. Now it needs to be seen whether these observations are applicable to the pending proceedings and whether it needs to be transferred to the District Court.

3.

Matter be kept on 18th June 2025.

[S. M. MODAK, J.] 2025 SCC Online SC 1320 Seema 2/2