915-ALP-135-2018.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 915 APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 135 OF 2018 ASHOK S/O MULCHAND AGRAWAL VERSUS GANGADHAR S/O VISHWANATH PATIL .… Mr. Amol S. Sawant, Advocate for Applicant Ms Shreyashree S. Pujari h/f Mr. S. S. Panale Advocate for Respondent .… WITH APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 132 OF 2018 ASHOK S/O MULCHAND AGRAWAL VERSUS GANGADHAR S/O VISHWANATH PATIL .… Mr. Amol S. Sawant, Advocate for Applicant Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent .… WITH APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 133 OF 2018 ASHOK S/O MULCHAND AGRAWAL VERSUS GANGADHAR S/O VISHWANATH PATIL .… Mr. Amol S. Sawant, Advocate for Applicant Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent .… 1 of 3 2026:BHC-AUG:43008 (( 2 )) 915-ALP-135-2018 WITH APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 134 OF 2018 ASHOK S/O MULCHAND AGRAWAL VERSUS GANGADHAR S/O VISHWANATH PATIL .… Mr. Amol S. Sawant, Advocate for Applicant Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent .… WITH APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 136 OF 2018 ASHOK S/O MULCHAND AGRAWAL VERSUS GANGADHAR S/O VISHWANATH PATIL .… Mr. Amol S. Sawant, Advocate for Applicant Mr. R.P. Totala h/f Mr. Rahul R. Sancheti, Advocate for Respondent .… CORAM : ABHAY S. WAGHWASE, J. DATE : 22 September, 2026 PER COURT :- 1. Learned counsel for the applicant points out that, the all these applications have been preferred seeking leave to file appeal 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 the case of Celestium Financial v. Ganasekaran Etc. [(2025) SCC OnLine SC 1320], he 2 of 3 (( 3 )) 915-ALP-135-2018 would contest the appeals before learned District and Sessions Court and hence urges that, the same be transferred to the District Court. 2. 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 these matters to the concerned District and Sessions Court, immediately. (ii) The learned Trial Court to whom these matters will be assigned, after registering it, shall issue notice to the concerned parties, and thereafter, proceed further with the matters in accordance with law. (iii) The concerned Trial Court shall treat these matters as appeals 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 leave applications before this Court while calculating the period of limitation. (v) Applications stand disposed off. [ ABHAY S. WAGHWASE, J. ] SMS 3 of 3