[Cites 5, Cited by 0]
Bombay High Court
M/S. Shimnit Infrastructures Ltd. vs The State Of Maharashtra And Ors. on 18 March, 2026
Author: R.N. Laddha
Bench: R.N. Laddha
Digitally signed by SMITA
SMITA JOHNSON JOHNSON GONSALVES
GONSALVES Date: 2026.03.19 00:43:22
2026:BHC-AS:13469
+0530
sg 29.apeal710-08.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.710 of 2008
M/s. Shimnit Infrastructures Ltd.
Having office at Regent Chambers
8th Floor, Nariman Point,
Mumbai-400 021, through
Ravindra Shrikant Merchant- Manager ... Appellant
versus
1. The State of Maharashtra
Through the Office of the
Government Pleader,
Criminal Side, High Court,
Mumbai.
2. M/s. Katha Mediatix India Ltd.
35, Chandragupta,
New Link Road, Andheri (W),
Mumbai - 400 053.
3. Krishendu Purendu Sen,
Managing Director,
Residing at 103, Jewel Mahal,
JP Road, Seven Bungalows,
Andheri (W), Mumbai - 400 061.
4. Kajal K Sen,
Executive Director, residing at
103, Jewel Mahal, JP Road,
Seven Bunglows, Andheri (W),
Mumbai - 400 061.
Page 1 of 4
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sg 29.apeal710-08.docx
5. Sanjit Purendu Sen,
Director, residing at
5, Peace Castle, 2nd Road,
Domnic Colonyh, Orlem,
Malad (W), Mumbai - 400 064. ... Respondents
----
Mr Sayaji Nangre, for the appellant.
Mr Arfan Sait, APP, for the respondent/ State.
----
Coram: R.N. Laddha, J.
Date: 18 March 2026.
P.C.:
. The present appeal arises from the Judgment and Order
dated 26 June 2007 passed by the learned Metropolitan
Magistrate, 28th Court, Esplanade, Mumbai, in CC
No.1604/SS/2005, whereby respondents No.2 to 5 herein were
acquitted of the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.
2. The learned Counsel appearing on behalf of the appellant
and the learned Additional Public Prosecutor representing the
respondent/State, placing reliance on the judgment of the
Hon'ble Supreme Court in Celestium Financial vs A
Gnanasekaran, 2025 SCC OnLine 1320, jointly submit that the
appellant possesses a statutory right to prefer an appeal against
an order of acquittal under the proviso to Section 372 of the
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sg 29.apeal710-08.docx
Code of Criminal Procedure, 1973. It is therefore contended
that the present appeal may be appropriately transferred to the
competent Sessions Court. It is further submitted that such
transfer would be necessary to ensure that the appellant is
enable to effectively exercise the statutory right of appeal and is
not deprived of an available forum. Reliance is also placed
upon 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.
3. Having considered the submissions of the learned APP
and the learned Counsel for the appellant and the aforesaid
judgments, 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 Code of Criminal Procedure,
1973. 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.
4. Accordingly, the learned Registrar (Judicial) is directed to
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sg 29.apeal710-08.docx
take immediate steps to transfer the complete records of the
appeal. 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.
5. The appeal stands disposed of accordingly.
(R.N. Laddha, J.)
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18 March 2026
