40-Cri-Apeal-621-2019.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 40 CRIMINAL APPEAL NO. 621 OF 2019 OMPRAKASH RATANLAL MALPANI VERSUS PANCHAKSHARI GAURISHANKAR APPA MITKARI .… Mr. Rajendra Deshmukh, Senior Advocate i/b Mr. Devang Deshmukh, Advocate for Appellant Mr. A. R. Muley h/f Mr. S. S. Solanke, Advocate for Respondent .… CORAM : ABHAY S. WAGHWASE, J. DATE : 07 September, 2026 PER COURT :- 1. Learned counsel for the appellant 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 Sessions Court and hence urges that, the instant appeal be transferred to the District Court. 2. In view of the above, the following order is passed : 1 of 2 2026:BHC-AUG:41216 (( 2 )) 40-Cri-Apeal-621-2019 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. V. Considering the age of the appellant / original complainant, the learned District and Sessions Judge shall make endeavor to decide the appeal as early as possible by giving priority. [ ABHAY S. WAGHWASE, J. ] SMS 2 of 2