[Cites 4, Cited by 0]
Bombay High Court
Mohanlal Picha vs Nivrutti Punjaji Kenkre And Anr. on 17 March, 2026
Author: R.N. Laddha
Bench: R.N. Laddha
2026:BHC-AS:13169
Mamta Kale 31-apeal-909-2007.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 909 of 2007
Mohanlal Champalal Picha
Since Deceased through his LRs
and representatives :
1-A Smt Pramilabai Mohanlal Picha
Age 54 years, Occ. Household,
R/o. Ghoti, Taluka Igatpuri,
Dist. Nashik.
1-B Shri Vinod Mohanlal Picha
MAMTA
AMAR KALE
Digitally signed by
MAMTA AMAR KALE
Age 45 years, Occ. Business,
Date: 2026.03.17
19:44:07 +0530
Lekha Nagar, CIDCO, Nashik.
1-C Shri Javeralal Mohanlal Picha
Age 42 years, Occ. Business,
R/o. Behind Bhujbal Farm House, Nashik.
1-D Shri Sandip Mohanlal Picha
Age 32 years, Occ. Business,
R/o. Ghoti, Taluka Igatpuri,
Dist. Nashik.
1-E Shri Sachin Mohanlal Picha
Age 30 years, Occ. Business,
R/o. Ghoti, Taluka Igatpuri,
Dist. Nashik.
1-F Sau Lalita Sunil Runval
Page 1 of 5
__________________________________________________
17 March 2026
::: Uploaded on - 17/03/2026 ::: Downloaded on - 17/03/2026 20:50:09 :::
Mamta Kale 31-apeal-909-2007.docx
Age 36 years, Occ. Household,
R/o. Dhule.
1-G Sau Chitra Sanjaykumar Badela
Age 32 years, Occ. Household,
R/o. Pachira, Dist. Jalgaon.
All through their Power of Attorney
Shri Nandlal Champalal Picha
Age Major, Occ. Business,
R/o. Ghalve (Budruk) Taluka Igatpuri,
Dist. Nashik. ... Appellants
versus
1. Nivrutti Punjaji Kenkre
Age Major,
R/o. Abhidarshan Park,
Titwala, Taluka Kalyan
District Thane.
2. The State of Maharashtra ...Respondents
----
None for the Appellants.
Ms Siddhi Dawne i/b Mr Rameshwar N Gite, for Respondent
No.1.
Mr Arfan Sait, APP, for the Respondent / State.
----
Coram: R.N. Laddha, J.
Date: 17 March 2026
P.C.:
. Today, when the matter is called out, none present for the
__________________________________________________
17 March 2026
Mamta Kale 31-apeal-909-2007.docx
appellants.
2. The present appeal arises against the judgment and order
dated 6 December 2005, passed by the Judicial Magistrate First
Class, Igatpuri, Nashik, in S.C.C. No.945 of 2003, whereby
respondent No.1 was acquitted of the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881.
3. The learned Additional Public Prosecutor representing the
respondent/State, relying on 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, therefore, the appeal may be transferred to
the concerned Sessions Court. According to the learned APP,
the transfer is necessary to ensure that the appellant can
exercise the statutory right of appeal without being deprived of
an available forum. Drawing the attention of this Court to the
decisions in 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, the learned APP further submits that there
exists no legal impediment in transferring the present appeal to
the concerned Sessions Court.
__________________________________________________
17 March 2026
Mamta Kale 31-apeal-909-2007.docx
4. Having considered the submissions of 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.
5. 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.
6. 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 of the appeal expeditiously.
7. The appeal stands disposed of accordingly.
__________________________________________________
17 March 2026
Mamta Kale 31-apeal-909-2007.docx
(R.N. Laddha, J.)
__________________________________________________
17 March 2026
