Bombay High Court
M/S.Squa Logistic Pvt. Ltd. vs Indira Exports Pvt. Ltd. And Ors on 25 March, 2026
Author: R.N. Laddha
Bench: R.N. Laddha
2026:BHC-AS:14226
Mamta Kale 31-apeal-586-2009.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 586 of 2009
M/s Aqua Logistic Pvt. Ltd.
A Company incorporated under the
Indian Companies Act, 1956 and
having their address at Trade Star,
5th Floor, 'B' Wing, Andheri Kurla
Road, Andheri (E), Mumbai - 400 059. ... Appellant
versus
MAMTA
AMAR KALE
1. Indira Exports Pvt. Ltd.
Digitally signed by
MAMTA AMAR KALE
Date: 2026.03.25
18:40:35 +0530
A Company incorporated under
The Indian Companies Act, 1956
and having its registered office at
Tulshyan Bhavan, 2nd Floor, 5/1,
Y. N. Road, Rani Sati Colony,
Indore - 452 003 (M.P.)
2. Sharad Tulshyan
5/1, Y N Road, Rani Sati Colony,
Indore - 452 003 (M.P.)
3. State of Maharashtra
Through the office of Govt. Pleader
Criminal Side, High Court,
Mumbai. ...Respondents
----
None for the Appellant.
None for Respondents No.1 and 2.
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25 March 2026
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Mamta Kale 31-apeal-586-2009.docx
Ms M R Tidke, APP, for Respondent No.3/ State.
----
Coram: R.N. Laddha, J.
Date: 25 March 2026 P.C.:
. Today, when the matter is called out for hearing, none appeared on behalf of the appellant and respondents No.1 and
2.
2. The present appeal calls into question the judgment and order dated 30 May 2008, passed by the Special Metropolitan Magistrate, Mumbai, in C.C. No.2300233/SS/07, whereby respondents No.1 and 2 herein came to be acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
3. At the outset, the learned APP appearing for respondent No.3 / State, inviting the attention of this Court to the decision of the Hon'ble Supreme Court in Celestium Financial vs A. Gnanasekaran, 2025 SCC OnLine SC 1320, submits that the proviso to Section 372 of Code of Criminal Procedure, 1973, confers a statutory right upon the appellant to assail the order of acquittal. It is, therefore, urged that in order to enable effective exercise of this right and to ensure access to a proper adjudicatory forum, the present appeal be transferred to the Page 2 of 4 __________________________________________________ 25 March 2026 ::: Uploaded on - 25/03/2026 ::: Downloaded on - 25/03/2026 22:06:45 ::: Mamta Kale 31-apeal-586-2009.docx competent Sessions Court. Reliance is also placed on (i)Kotak Mahindra Finance Ltd vs Nobiletto Finlease & Investments, Criminal Appeal No. 645 of 2006 dated 31 October 2005, Delhi High Court; (ii)Pooja Trading Company vs Harishchandra Manjrekar, Criminal Appeal No.1016 of 2006 dated 13 October 2025, Bombay High Court; (iii) Shivputra Arwat vs Sangappa Bhasgikar, Criminal Appeal No. 1051 of 2008 dated 8 October 2025, Bombay High Court;
(iv)Salimshah Haji Shakurshan vs Syd. Javdali Syd Anwarali, Criminal Appeal No. 167 of 2006 dated 15 October 2025, Bombay High Court at Aurangabad; (v)Pankaj Mehta vs Vishal Hundar, 2026 SCC OnLine MP 800; (vi)Sunil Kumar vs Daljit Kaur, 2025:PHHC:092344; and (vii)Raj Kumar Vs Rajender, 2025:PHHC:079740, to submit that there is no impediment in transferring the present appeal to the concerned Court of Sessions.
4. Considering the submissions advanced and the cited decisions, it appears that a victim, including the complainant in proceedings under Section 138 of the Negotiable Instruments Act, 1881, is entitled to take benefit of the proviso to Section 372 of the Code of Criminal Procedure, 1973, to assail the order of acquittal. Given this legal position, it is appropriate that the present appeal be transferred to the Competent Court Page 3 of 4 __________________________________________________ 25 March 2026 ::: Uploaded on - 25/03/2026 ::: Downloaded on - 25/03/2026 22:06:45 ::: Mamta Kale 31-apeal-586-2009.docx of Sessions, thereby enabling the appellant to pursue the statutory remedy before the proper forum.
5. Accordingly, the learned Registrar (Judicial) is directed to ensure the expeditious transmission of the complete case record to the concerned Sessions Court. Upon receipt, the Sessions Court shall register the appeal and adjudicate it on its on merits and in accordance with the law. Given the prolonged pendency of the matter, the learned Sessions Judge is requested to dispose of the appeal expeditiously.
6. The appeal stands disposed of in the aforesaid terms.
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