[Cites 5, Cited by 0]
Bombay High Court
Chandrakant Shivji Thakkar vs Narsimharao @ Bappanand Narsimhan And ... on 1 April, 2026
Author: R.N.Laddha
Bench: R.N.Laddha
Digitally signed
by CHITRA
2026:BHC-AS:15399 CHITRA SANJAY
SONAWANE
SANJAY Date:
SONAWANE 2026.04.01
16:34:06
+0530
Chitra Sonawane 17-A-972-2008.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.972 of 2008
Chandrakant Shivji Thakkar
Age: 56 yrs, R/at A-303, Shree
Gaurav CHS 90 feet road,
KVB Phadke Marg, Mulund (E)
Mumbai-81. ... Appellant.
Vs.
1. Narsimha Rao alias Bappanand
Narsimhan
Proprietor of M/s Annappi
Construction Co., Shri Gawde road,
Opp Pragati Hospital, Mulund(W)
Mumbai-80
2. M/s Annappi Construction Co.
Shri Krishna Niwas
Ganesh Gawade road,
Opp Pragati Hospital, Mulund(W)
Mumbai-80.
3. The State of Maharashtra ... Respondents.
---
None for the appellant.
Ms GP Mulekar, APP for the respondent / State.
---
Coram : R.N.Laddha, J.
Date : 1 April 2026.
P.C. :
The present criminal appeal arises from the judgment
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1 April 2026
Chitra Sonawane 17-A-972-2008.doc
and order dated 10 April 2008, passed by the Metropolitan
Magistrate, 33rd Court, Ballard Pier, Mumbai, in CC
Nos.5960/SS/04, 177/SS/05, 709/SS/05, 6601/SS/05,
6820/SS/05, 6821/SS/05, 6822/SS/05, whereby respondents
No.1 and 2 herein were acquitted of the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881.
2. The learned Additional Public Prosecutor representing
respondent No.3/State has placed reliance on judgment of
the Hon'ble Supreme Court in Celestium Financial v. A.
Gnanasekaran, 2025 SCC OnLine SC 1320, to submit that a
victim of an offence, including a complainant under Section
138 of the Negotiable Instruments Act, is vested with a
statutory right to prefer an appeal against an order of
acquittal under the proviso to Section 372 of the Code of
Criminal Procedure, 1973. The learned APP further submits
that in order to safeguard the appellant's right to avail of
the proper forum for such statutory remedy, transfer of the
present appeal is warranted. Reliance is also placed on the
decisions in Kotak Mahindra Finance Ltd Vs Nobiletto
Finlease and Investments, Criminal Appeal No.645 of 2006
dated 31 October 2025, Delhi High Court; Pooja Trading
Compnay v/s Harishchandra Manjrekar, Criminal Appeal
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1 April 2026
Chitra Sonawane 17-A-972-2008.doc
No.1016 of 2006 daed 13 October 2025, Bombay High
Court; Shivputra Arwat vs Sangappa Bhasgikar, Criminal
Appeal No.1051 of 2008 dated 8 October 2025, Bombay
High Court; Salimshah Haji Shakrushan vs Syd Javdali Syd
Anwarali, Criminal Appeal No.167 of 2006 dated 15
October 2025, Bombay High Court at Aurangabad; Pankaj
Mehta vs Vishal Hundar, 2026 SCC OnLine MP 800; Sunil
Kumar vs Daljit Kaur, 2025:PHHC:092344; and Raj Kumar
vs Rajender, 2025:PHHC:079740 to contend that no legal
impediment exists in directing transfer of the appeal to the
Court of Sessions, which is the competent forum.
3. Having considered the submissions advanced, this
Court is deems it appropriate to transfer the present appeal
to the Sessions Court having jurisdiction.
4. Accordingly, the Registrar (Judicial) is directed to
forthwith transmit the entire record and proceedings of the
appeal to the concerned Sessions Court. Upon receipt, the
learned Sessions Court shall register the appeal and proceed
to adjudicate the same on its own merits and in accordance
with law. In view of the protracted pendency of the matter,
the learned Sessions Judge is requested to make earnest
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1 April 2026
Chitra Sonawane 17-A-972-2008.doc
endeavour to dispose of the appeal expeditiously.
5. The appeal is accordingly disposed of in the aforesaid
terms.
[R. N. Laddha, J.]
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1 April 2026
