947-Cri-Apeal-635-2006.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 947 CRIMINAL APPEAL NO. 635 OF 2006 JALNA MARCHANTS CO OP BANK LTD. JALNA VERSUS RAMESHWAR DNYANESHWAR MISAL .… Mr. V. C. Solshe, Advocate for Respondent .… CORAM : ABHAY S. WAGHWASE, J. DATE : August 25, 2026 PER COURT :- 1. Mr. V. C. Solshe, learned counsel for respondent submitted that he had already talked with Mr. R. S. Dhamangaonkar, learned counsel for appellant, who is currently in Jalna and during telephonic talk, learned counsel for appellant has no objection in transferring the case to the trial Court. 2. Learned counsel for the respondent points out that, the instant appeal is preferred against the order of acquittal from offence under Section 138 of the Negotiable Instruments Act. He prays that, now, in view of the decision of the Hon'ble Supreme Court in Celestium Financial v. Ganasekaran Etc. [(2025) SCC OnLine SC 1320], he would contest the appeal before learned District and 1 of 2 2026:BHC-AUG:38472 (( 2 )) 947-Cri-Apeal-635-2006 Sessions Court and hence urges that, the instant appeal be transferred to the District Court. 3. In view of the above, the following order is passed : ORDER I. The present proceedings be transferred to the concerned District and Sessions Court. Learned Registrar (Judicial) of this Court to take further necessary action for transferring this matter to the concerned District and Sessions Court, immediately. II. The learned Sessions Court to whom this matter will be assigned, after registering it, shall issue notice to the concerned parties, and thereafter, proceed further with the matter in accordance with law. III. The concerned Sessions Court shall treat this matter as appeal under proviso to Section 372 of the Code of Criminal Procedure as per the observations of the Hon'ble Supreme Court in the case of Celestium Financial (supra). IV. Learned District and Sessions Judge to exclude the period spent in prosecuting instant appeal before this Court while calculating the period of limitation. [ ABHAY S. WAGHWASE, J. ] SMS 2 of 2