LexDraft · Judgments

APEAL/510/2018 of ANIL S/O. BABULAL KATARIYA Vs RAJU S/O. HARI CHANDANE

Bombay High Court · 2026:BHC-AUG:1086 · 2026

Coram: HON'BLE SHRI JUSTICE ABHAY S. WAGHWASE

{1} CR APPEAL 464 OF 2009+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 CRIMINAL APPEAL NO. 464 OF 2009 ANIL BABULAL KATARIYA VERSUS VIJAY BALASAHEB KALE 934 CRIMINAL APPEAL NO. 465 OF 2009 ANIL BABULAL KATARIYA VERSUS VIJAY BALASAHEB KALE 935 CRIMINAL APPEAL NO. 466 OF 2009 ANIL BABULAL KATARIYA VERSUS VIJAY BALASAHEB KALE 936 CRIMINAL APPEAL NO. 467 OF 2009 ANIL BABULAL KATARIYA VERSUS VIJAY BALASAHEB KALE .... Advocate for Appellant : Mr. Narayan B. Narwade .... 939 CRIMINAL APPEAL NO. 185 OF 2016 ANIL BABULAL KATARIYA. VERSUS PURUSHOTTAM KANHAIYYALAL RATHOD (PARDESHI) … WITH CRIMINAL APPEAL NO. 350 OF 2009 WITH CRIMINAL APPEAL NO. 463 OF 2009 WITH CRIMINAL APPEAL NO. 186 OF 2016 WITH CRIMINAL APPEAL NO. 187 OF 2016 WITH CRIMINAL APPEAL NO. 503 OF 2018 WITH CRIMINAL APPEAL NO. 504 OF 2018 2026:BHC-AUG:1086 {2} CR APPEAL 464 OF 2009+ WITH CRIMINAL APPEAL NO. 512 OF 2018 WITH CRIMINAL APPEAL NO. 511 OF 2018 WITH CRIMINAL APPEAL NO. 509 OF 2018 WITH CRIMINAL APPEAL NO. 510 OF 2018 WITH CRIMINAL APPEAL NO. 508 OF 2018 WITH CRIMINAL APPEAL NO. 498 OF 2018 WITH CRIMINAL APPEAL NO. 506 OF 2018 WITH CRIMINAL APPEAL NO. 507 OF 2018 …. Advocate for Appellants : Mr. Narayan B. Narwade Advocate for Respondent : Mr. Amol N. Kakade …. CORAM : ABHAY S. WAGHWASE, J. DATE : 13 JANUARY, 2026 PER COURT :- 1. Learned counsel for the appellants points out that, the instant appeals have been preferred against the judgment and 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 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 : {3} CR APPEAL 464 OF 2009+ ORDER I. The present proceedings be transferred to the concerned District and Sessions Court. II. Learned Registrar (Judicial) of this Court to take further necessary action for transferring these matters to the concerned District and Sessions Court, immediately. III. The learned Sessions 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. IV. The concerned Sessions 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). ( ABHAY S. WAGHWASE ) JUDGE SPT