904-ALP-175-2017 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLN FOR LEAVE TO APPEAL (PVT.) NO. 175 OF 2017 Bharat Dhondiram Khandare … Applicant Versus Shivaji Maruti Jadhav And Anr. … Respondents —————— None for the Applicant. Mr. C.D. Mali, A.P.P. for the Respondent-State. —————— Coram : RANJITSINHA RAJA BHONSALE, J. Date : 27th March 2026. PER COURT : 1. Heard learned APP for Respondent No.2 - State. 2. Record indicates that the instant application has been preferred seeking leave to file appeal against the order of acquittal from offence under Section 138 of the Negotiable Instruments Act, 1881. 3. In view of the decision of the Hon’ble Supreme Court in M/s. Celestium Financial Vs. Ganasekaran ETC., reported in [(2025) SCC OnLine SC 1320], it is clear that as per Section 372 of the Code of Criminal Procedure, the victim has a right to prefer an appeal against the order passed by the osk 1 of 2 904-ALP-175-2017 (CR).docx Court acquitting the accused or convicting accused for lesser offence or imposing inadequate compensation, and that such an appeal shall lie to the Court to which the appeal ordinarily lies against the order of conviction. 4. In view of thereof, the following order is passed : ORDER (i) The present proceeding 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 concerned 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 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 M/s. Celestium Financial (supra). (iv) Learned District and Sessions Judge to exclude the period spent in prosecuting instant leave application before this Court while calculating the period of limitation. (v) The Application therefore stands disposed of. [ RANJITSINHA RAJA BHONSALE, J. ] osk 2 of 2