Shyam Ramprasad Lohiya v. Vidya W/O Ganesh Bhange And Another
2026:BHC-AUG:324 {1} CR APPEAL 704 OF 2015 +
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 932 CRIMINAL APPEAL NO. 704 OF 2015 ATUL RANG BHANDAR
VERSUS
M/S.RAGHUVEER AND MAHAVEER CINEMAS PROPRIETOR RAVI CHANDEL AND ANOTHER.
...
Advocate for Appellant : Mr. Pradip Narayanrao Sonpethkar APP for Respondent no.2 : Mr.S.G.Sangle ....
934 CRIMINAL APPEAL NO. 762 OF 2024 SHYAM RAMPRASAD LOHIYA
VERSUS
VIDYA W/O GANESH BHANGE AND ANOTHER ...
Advocate for Appellant : Mr. Pradip Narayanrao Sonpethkar Advocate for Respondent no.1 : Mr.V.S.Kadam APP for Respondent no.2 : Mr.S.K.Shirse ....
CORAM : ABHAY S. WAGHWASE, J.
DATE : 07 JANUARY, 2026 PER COURT :- 1.
Learned counsel for the appellants points out that, the instant appeals have been preferred against the judgment and 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.,
{2} CR APPEAL 704 OF 2015 + [(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.
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.
II.
Learned Registrar (Judicial) of this Court to take further necessary action for transferring these matters to the concerned District and Sessions Court, immediately.
III.
The learned Sessions 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 Sessions Court shall treat these matters 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