Bombay High Court
APEAL/44/2006 of KESHAV PANDURANG SHIRURE Vs BALASAHEB GYANOBA GAIKWAD on 9 October 2026
COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 939 CRIMINAL APPEAL NO. 44 OF 2006 KESHAV PANDURANG SHIRURE VERSUS BALASAHEB GYANOBA GAIKWAD .… Mr. Pruthviraj Somvanshi h/f Mr. Sudarshan J. Salunke, Advocate for Appellant .… CORAM : ABHAY S. WAGHWASE, J. DATE : 09 October, 2026
939-Cri-Apeal-44-2006.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
939 CRIMINAL APPEAL NO. 44 OF 2006
KESHAV PANDURANG SHIRURE
VERSUS
BALASAHEB GYANOBA GAIKWAD
.…
Mr. Pruthviraj Somvanshi h/f Mr. Sudarshan J. Salunke, Advocate for Appellant .…
CORAM : ABHAY S. WAGHWASE, J.
DATE : 09 October, 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 :
2026:BHC-AUG:47842
(( 2 ))
939-Cri-Apeal-44-2006
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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