Renuka Mata Multistate Co Op Urban Credit Society Ltd Ahmednagar v. The State Of Maharashtra And Another

2026:BHC-AUG:6227 924-ALP-102- 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 102 OF 2025 Renuka Mata Multistate Co Op Urban Credit Society Ltd Ahmednagar

VERSUS

The State Of Maharashtra And Another ...

Mr. A. S. Gandhi, Advocate for Appellant Mr. N. R. Dayama, APP for Respondent No. 1 Adv. P. D. Dadpe h/f Ms. Sayali Tekale, Advocate for Respondent No. 2 (Appointed Through Legal Aid) *** CORAM : ABHAY S. WAGHWASE, J DATE : FEBRUARY 12, 2026 PC :

1.

Learned counsel for the applicant points out that, the instant application seeking leave to file appeal has been 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 same be transferred to the District Court.

2.

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

ORDER

a.

The present proceedings be transferred to the concerned

924-ALP-102- 2025.odt 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.

Application so also Appeal stands disposed of. e.

Fees of appointed Counsel be quantified by High Court Legal Services Sub-Committee, Aurangabad as per rules. (ABHAY S. WAGHWASE, J.) Umesh