Lokvikas Nagari Sahakari Bank Ltd. Aurangabad Through Balu Vinayak Avhale v. Pooja Provisions And General Stores Proprietor Raju Bansi Rathod

2026:BHC-AUG:3728 -1- 909-APPEAL-332-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 332 OF 2024 LOKVIKAS NAGARI SAHAKARI BANK LTD. AURANGABAD THROUGH BALU VINAYAK AVHALE

VERSUS

POOJA PROVISIONS AND GENERAL STORES PROPRIETOR RAJU BANSI RATHOD ......

Advocate for Appellant : Mr. A. A. Shaikh h/f. Mr. Ravindra Vitthal Gore ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 29 JANUARY 2026 PER COURT :

1.

Learned counsel for the appellant points out that, the instant appeal is preferred 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 appeal before learned District and Sessions Court and hence urges that, the instant appeal be transferred to the District Court. 2.

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

ORDER

I.

The present proceedings be transferred to the concerned District and Sessions Court. Learned Registrar (Judicial) of

-2- 909-APPEAL-332-2024 this Court to take further necessary action for transferring this matter to the concerned District and Sessions Court, immediately.

II.

The learned 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.

III.

The concerned Sessions 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). IV. Learned District and Sessions Judge to exclude the period spent in prosecuting instant appeal before this Court while calculating the period of limitation.

(ABHAY S. WAGHWASE, J.) Tandale