[Cites 4, Cited by 0]
Bombay High Court
Bharti Sahakari Bank Ltd. vs Sanjay Harishchandra Pimpudkar And ... on 25 March, 2026
Author: R.N. Laddha
Bench: R.N. Laddha
2026:BHC-AS:14223
Mamta Kale 16-apeal-794-2008.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 794 of 2008
Bharti Sahakari Bank Ltd.
Having its office at Bharti Bhavan,
Lal Bahadur Shastri Road,
Pune - 411 030. ... Appellant
versus
1. Sanjay Harishchandra Pimpudkar
R/o. Plot No.5, Jawahar Nagar
MAMTA
AMAR KALE
Colony, Ganesh Khind Road,
Digitally signed by
MAMTA AMAR KALE
Date: 2026.03.25
18:40:35 +0530
Pune - 16.
2. The State of Maharashtra ...Respondents
----
None for the Appellant.
Mr Krutik R Kamble h/f Mr Sanjay Kshirsagar, for Respondent
No.1.
Mr V A Kulkarni, APP, for the Respondent / State.
----
Coram: R.N. Laddha, J.
Date: 25 March 2026
P.C.:
. By way of the present appeal, the appellant (original
Complainant) seeks to challenge the acquittal of respondent
No.1 for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881, as recorded by the learned
Judicial Magistrate First Class, Pune, vide judgment and order
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25 March 2026
Mamta Kale 16-apeal-794-2008.docx
dated 18 January 2008 in C.C. No.20220 of 2005.
2. Today, when the matter was called out for hearing, none
appeared on behalf of the appellant.
3. At the outset, the learned Counsel appearing for
respondent No.1 and the learned APP appearing for respondent
No.2 / State, drawing the attention of this Court to the decision
of the Hon'ble Supreme Court in Celestium Financial vs A.
Gnanasekaran, 2025 SCC OnLine SC 1320, jointly submit that
the proviso to Section 372 of Code of Criminal Procedure,
1973, confers a statutory right upon the appellant to assail the
order of acquittal. They further asserted that in order to enable
effective exercise of this right and to ensure access to a proper
adjudicatory forum, the present appeal be transferred to the
competent Sessions Court. Reliance is also placed on (i)Kotak
Mahindra Finance Ltd vs Nobiletto Finlease & Investments,
Criminal Appeal No. 645 of 2006 dated 31 October 2005,
Delhi High Court; (ii)Pooja Trading Company vs
Harishchandra Manjrekar, Criminal Appeal No.1016 of 2006
dated 13 October 2025, Bombay High Court; (iii) Shivputra
Arwat vs Sangappa Bhasgikar, Criminal Appeal No. 1051 of
2008 dated 8 October 2025, Bombay High Court;
(iv)Salimshah Haji Shakurshan vs Syd. Javdali Syd Anwarali,
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25 March 2026
Mamta Kale 16-apeal-794-2008.docx
Criminal Appeal No. 167 of 2006 dated 15 October 2025,
Bombay High Court at Aurangabad; (v)Pankaj Mehta vs Vishal
Hundar, 2026 SCC OnLine MP 800; (vi)Sunil Kumar vs Daljit
Kaur, 2025:PHHC:092344; and (vii)Raj Kumar Vs Rajender,
2025:PHHC:079740, to submit that there is no impediment in
transferring the present appeal to the concerned Court of
Sessions.
4. Considering the submissions advanced and the cited
judgments, it is apparent that a victim, including the
complainant in proceedings under Section 138 of the
Negotiable Instruments Act, 1881, is entitled to invoke the
proviso to Section 372 of the Code of Criminal Procedure,
1973, to challenge an acquittal. In light of this legal position, it
is considered appropriate that the present appeal be transferred
to the Court of Sessions having jurisdiction so as to enable the
appellant to pursue the statutory remedy before the proper
forum.
5. Accordingly, the learned Registrar (Judicial) is directed to
take necessary steps for the prompt transmission of the entire
record to the concerned Sessions Court. Upon receipt, the
Sessions Court shall register the appeal and decide the same on
its on merits and in accordance with the law. Considering the
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25 March 2026
Mamta Kale 16-apeal-794-2008.docx
long pendency of the matter, the learned Sessions Judge is
requested to dispose of the appeal expeditiously.
6. The appeal stands disposed of in the aforesaid terms.
(R.N. Laddha, J.)
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25 March 2026
