Priyanvada Petroleum Thr Its Proprietor Priyanvada Sanjay Dhamne v. Sandip Tukaram Kadus

2026:BHC-AUG:1428 921 & 922.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CRIMINAL APPLICATION NO. 960 OF 2024 IN ALPST/2515/2024 Priyanvada Petroleum Thr Its Proprietor Priyanvada Sanjay Dhamne

VERSUS

Sandip Tukaram Kadus AND 922 CRIMINAL APPLICATION NO. 961 OF 2024 IN ALPST/2516/2024 Priyanvada Petroleum Thr Its Proprietor Priyanvada Sanjay Dhamne

VERSUS

Sandip Tukaram Kadus ...

Mr. Madhav Jadhav Patil h/f Mr. A. S. More, Advocate for Applicant Mr. U. B. Wagh, Advocate for Respondents *** CORAM : ABHAY S. WAGHWASE, J DATE : JANUARY 16, 2026 PC :

1.

Learned counsel for the applicants points out that, the instant applications have been preferred seeking leave to file appeals 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 appeals before learned District and Sessions Court and hence urges that, the same be transferred to the District Court.

921 & 922.odt 2.

In view of the above, the following order is passed :

ORDER

a.

The present proceedings be transferred to the concerned District and Sessions Court. Learned Registrar (Judicial) of this Court to take further necessary action for transferring this matter to the concerned District and Sessions Court, immediately.

b.

The learned Trial 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.

c.

The concerned Trial 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). d.

Applications as well as Appeals stand disposed of. (ABHAY S. WAGHWASE, J.) Umesh