[Cites 5, Cited by 0]
Bombay High Court
Arihant Nagari Sahakari Pat Sanstha ... vs Mangilal Jivraj Chhajed And Anr. on 1 April, 2026
Author: R.N.Laddha
Bench: R.N.Laddha
Digitally signed
by CHITRA
2026:BHC-AS:15407 CHITRA SANJAY
SONAWANE
SANJAY Date:
SONAWANE 2026.04.01
16:34:07
+0530
Chitra Sonawane 14-827-2008.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.827 of 2008
Arihant Nagari Sahakari Pat Sanstha
Maryadit,
A Society registered under Maharashtra
Coop. Societies Act, 1960
and having its office at 283, Shukrawar
Peth, 15/16/17, Prestige Point,
Pune-400 002,
through its Manager,
Mr Balkrishna Dnyaneshwar Narlekar,
Age: 67 yrs, Occ: Service. ... Appellant
Vs.
1. Mr Mangilal Jivraj Chhajed
Age: 41 yrs, Occ: Business
proprietor of M/s Pravin
Novelties & Sales,
R/at 46/47, Somwar Peth,
near Khadiche Maidan, Pune 411 011
2. The State of Maharashtra ... Respondents.
---
None for the appellant.
Ms MR Tidke, APP for the respondent / State.
---
Coram : R.N.Laddha, J.
Date : 1 April 2026.
____________________________________________
1 April 2026
Chitra Sonawane 14-827-2008.doc
P.C. :
The present criminal appeal arises from the judgment
and order dated 11 April 2008 passed by the laerned
Judicial Magistrate, First Class, Pune, in SCC
No.5848/2007, whereby respondent No.1 herein was
acquitted of the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881.
2. The learned Additional Public Prosecutor representing
respondent No.2/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. It is further urged 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
____________________________________________
1 April 2026
Chitra Sonawane 14-827-2008.doc
October 2025, Delhi High Court; Pooja Trading Compnay
v/s Harishchandra Manjrekar, Criminal Appeal 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 submit 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
____________________________________________
1 April 2026
Chitra Sonawane 14-827-2008.doc
with law. In view of the protracted pendency of the matter,
the learned Sessions Judge is requested to make earnest
endeavour to dispose of the appeal expeditiously.
5. The appeal is accordingly disposed of in the above
terms.
[R. N. Laddha, J.]
____________________________________________
1 April 2026
