M/S. Saptatara Infrastructure Through Proprietor Jeevan Balasaheb Solaskar v. Rajesh Mahant Kumbhar And ANR

915-ALP-69-2024 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLN FOR LEAVE TO APPEAL (PVT.) NO. 69 OF 2024 M/s. Saptatara Infrastructure Through Proprietor Jeevan Balasaheb Solaskar ......Petitioner

VERSUS

Rajesh Mahant Kumbhar And Anr. ......Respondents ...

Mr. Onkar Bajaj i/b. Mr. Priyal G. Sarda for the Petitioner. Mrs. Priyanka S. Rane, A.P.P. for the Respondent No.2-State. ...

Coram : RANJITSINHA RAJA BHONSALE, J.

Date : 24th April 2026.

PER COURT :

1.

Heard learned counsel for the Applicant and learned A.P.P. for Respondent No.2 - State.

2.

Learned counsel for the Applicant points out that, the instant application has been preferred seeking leave to file appeal against the order of acquittal from offence under Section 138 of the Negotiable Instruments Act, 1881. He prays that, now, in view of the decision of the Hon'ble Supreme Court in M/s. Celestium Financial Vs. Ganasekaran ETC., reported in [(2025) SCC OnLine SC 1320], the Applicant would contest the appeal osk 1 of

915-ALP-69-2024 (CR).docx before the learned District and Sessions Court and hence urges that, the same be transferred to the District Court.

3.

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

ORDER

(i) The present proceeding 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. (ii) The concerned 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 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 M/s. Celestium Financial (supra).

(iv) Learned District and Sessions Judge to exclude the period spent in prosecuting instant leave application before this Court while calculating the period of limitation.

(v) The Application therefore stands disposed of. [ RANJITSINHA RAJA BHONSALE, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2026.04.24 19:23:02 +0530 OMKAR SHIVAHAR KUMBHAKARN osk 2 of