[Cites 4, Cited by 0]
Bombay High Court
Kantilal B. Rathod vs Rajendra D. Mehra And Anr. on 17 March, 2026
Author: R.N. Laddha
Bench: R.N. Laddha
2026:BHC-AS:13159
Mamta Kale 21-apeal-112-2006.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 112 of 2006
Kantilal B Rathod
Age 45 years, Occ. Medical Practitioner,
Residing at : 605, Divya Jyot
Building, B Wing, R. K. Singh Marg,
Off Nagardas Road, Andheri (East),
Mumbai - 400 069. ... Appellant
versus
1. Rajendra D Mehra,
MAMTA
AMAR KALE
Age 45 years, Occu. Business,
Digitally signed by
MAMTA AMAR KALE
Date: 2026.03.17
19:44:07 +0530 Pathology Department, 6,
Ground Floor, Dipti Navsurgeon
Building, Opp. Dena Bank, Near
Ram Leela Maidan, Daftary
Road, Malad (E), Mumbai 400 097,
present address 28, Rashmi Park,
Valif, Vasai (East), District Thane.
2. The State of Maharashtra ...Respondents
----
Mr A A Kocharekar, for the Appellant.
Mr Mayur Sonavane, APP, for the Respondent / State.
----
Coram: R.N. Laddha, J.
Date: 17 March 2026
P.C.:
. Heard the learned Counsel for the appellant and the
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Mamta Kale 21-apeal-112-2006.docx
learned Additional Public Prosecutor representing respondent/
State.
2. The present appeal arises from the judgment and order
dated 28 September 2004, passed by the Metropolitan
Magistrate, 10th Court, Andheri, Mumbai, in C.C.
No.1249/S/2002, whereby respondent No.1 herein was
acquitted of an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
3. The learned Counsel appearing on behalf of the appellant
and the learned APP representing the respondent/ State, placing
reliance upon the judgment of the Hon'ble Supreme Court in
Celestium Financial vs A Gnanasekaran, 2025 SCC OnLine
1320, submits that the appellant possesses 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
therefore contended that the present appeal may appropriately
be transferred to the competent Sessions Court. It is further
submitted by the learned APP that such transfer would be
necessary to ensure that the appellant is able to effectively
exercise the statutory right of appeal and is not deprived of the
forum contemplated under law. Reliance is also placed upon
the decisions in Pankaj Mehta vs. Vishal Hundar, 2026 SCC
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OnLine MP 800; Sunil Kumar vs Daljit Kaur,
2025:PHHC:092344; and Raj Kumar vs Rajender, 2025:
PHHC: 079740 to submit that there exists no legal impediment
in transferring the present appeal to the concerned Sessions
Court.
4. Having considered the submissions of the learned Counsel
for the appellant and the learned APP, and the judgment of the
Hon'ble Supreme Court in Celestium Financial (supra), it is
clear that a victim of an offence, including a complainant under
Section 138 of the NI Act, has the statutory right to prefer an
appeal against an order of acquittal under the proviso to
Section 372 of the Cr.P.C. The appeal, which has been pending
before this Court, is hereby transferred to the concerned
Sessions Court. The transfer is necessary to ensure that the
appellant can exercise the statutory right of appeal without
being deprived of an available forum. Accordingly, the learned
Registrar (Judicial) is directed to take immediate steps to
transfer the complete records of the appeal, and transmit a
copy of this order to the Sessions Court forthwith. The
concerned Sessions Court shall register the appeal and proceed
to hear and decide the matter on its own merits and in
accordance with the law. Considering the long pendency of the
matter, the Sessions Court is requested to endeavour to dispose
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Mamta Kale 21-apeal-112-2006.docx
of the appeal expeditiously.
5. The appeal stands disposed of accordingly.
(R.N. Laddha, J.)
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17 March 2026
