930-ALP-10-2022.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL NO. 10 OF 2022 Raosaheb Bandu Patil … Applicant Versus Ashok Gundopant Harkare And Anr. … Respondents —————— Mr. Pratik B. Bhakare i/b Mr. Anand Patil for the Applicant. Mr. S. S. Chaudhari, A.P.P. for the Respondent-State. —————— Coram : RANJITSINHA RAJA BHONSALE, J. Date : 23rd APRIL 2026. P. C. :- 1. Heard learned counsel for the Applicant and learned APP for Respondent No.2 - State. 2. Learned counsel for the Applicant points out 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. He prays that, now, 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], the Applicant would contest the appeal before the Sagar Magar 1 of 2 930-ALP-10-2022.docx learned District and Sessions Court and hence urges that, the same be transferred to the District Court. 3. In view of the above, 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 learned Trial 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 Trial 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. ] Sagar Magar 2 of 2