[Cites 8, Cited by 0]
Bombay High Court
M/S. Tyco Fire And Security India Pvt. ... vs K.V. Joshi And Anr. on 26 March, 2026
Author: R.N.Laddha
Bench: R.N.Laddha
2026:BHC-AS:14584 Digitally
signed by
CHITRA
CHITRA SANJAY
SANJAY SONAWANE
SONAWANE Date:
2026.03.26
17:48:42
+0530
Chitra Sonawane 2-1185-2005.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No.1185 of 2005
M/s Tyco Fire and Security
India Pvt Ltd
(formerly known as M/s Tyco
Engineering & Construction Pvt Ltd
A company registered under the Indian
Companies Act 1956, having its office at first
floor, Ujagar Chambers, Off ST Road, Deonar
Bombay-88
(through its Sr Finance Manager
Mr Malcolm Charles Lourenco Pereira ... Appellant.
Vs.
1. Smt KV Joshi
Age : Adult, Occ: Business
Proprietor of M/s Globe Fire Services
having her address at Plot No.R-1-34
MIDC G block, Chinchwad,
Pune 411 019
2. The State of Maharashtra ... Respondents.
---
Mr Aadit Ved i/by Mr Manoj Mohite, Sr Advocate for the
appellant.
Ms Sangeeta E Phad, APP for the respondent / State.
---
Coram : R.N.Laddha, J.
Date : 26 March 2026.
____________________________________________
26 March 2026
Chitra Sonawane 2-1185-2005.doc
P.C. :
The present appeal calls into question the judgment
and order dated 3 August 2005, passed by the Special
Metropolitan Magistrate, 50th Court, Vikhroli, Mumbai, in
CC No.263/SS/2005 (Old No.1114/SS/2005), whereby
respondent No.1 herein came to be acquitted of the offence
punishable under Section 138 of the Negotiable Instruments
Act, 1881 (NI Act).
2. The learned Counsel for the appellant, drawing
attention to the judgment of the Hon'ble Supreme Court in
Celestium Financial vs A Gnanasekaran, 2025 SCC OnLine
SC 1320, submitted that proviso to Section 372 of the Code
of Criminal Procedure, 1973 (CrPC), confers statutory right
upon appellant to assail the order of acquittal. He further
submitted that, in order to enable effective exercise of this
right and to ensure access to proper adjudicatory forum, the
present appeal be transferred to the competent Sessions
Court. 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
October 2025, Delhi High Court; Pooja Trading Compnay
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26 March 2026
Chitra Sonawane 2-1185-2005.doc
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 there is no
impediment in transferring the appeal to the concerned
Sessions Court.
3. Considering the submissions advanced and the
decisions cited, it is clear that the victim, including the
complainant in proceedings u/s 138 of the NI Act, is entitled
to invoke the proviso to Section 372 of CrPC to challenge
an acquittal. In light of this, 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
statutory remedy before the appropriate forum.
4. Accordignly, the learned Registrar (Judicial) is directed
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26 March 2026
Chitra Sonawane 2-1185-2005.doc
to take necessary steps for 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 own merits and in accordance with
the law. Considering the long pendency of the matter, the
learned Sessions Judge is requested to dispose of the appeal
expeditiously.
5. Accordingly, the appeal stands disposed of.
[R. N. Laddha, J.]
____________________________________________
26 March 2026
