Ratan Bajirao Dagle v. Rajendra Narayan Harde
Criminal – cheque dishonour, S.138 Negotiable Instruments Act, 1881 – acquittal by Judicial Magistrate, First Class – complainant's applications for leave to appeal under S.378(4), CrPC
Case brief
What is this about?
Common order of the High Court of Judicature at Bombay, Aurangabad Bench (Sushil M. Ghodeswar, J., 16 October 2025) disposing of 25 applications for leave to appeal by private party under S.378(4) CrPC (Pvt. Party Nos. 85 & 86 of 2024; 223 of 2018; 46, 59, 73, 83, 86, 87, 90, 95, 105 to 113 and 117 of 2022; 4, 5, 9 and 10 of 2024), arising from acquittals by Judicial Magistrates, First Class in Section 138 NI Act cases; the Court applies Celestium Financial v. Ganasekaran ((2025) SCC OnLine SC 1320) on the victim-complainant's right to appeal under the proviso to Section 372 CrPC without special leave instead of Section 378(4); outcome: transfer to concerned District and Sessions Courts, registration, notice to parties, and treatment of the matters as appeals under the proviso to Section 372 CrPC.
What did the court decide?
Transfer of all the present proceedings to the concerned District and Sessions Courts, with the Registrar (Judicial) directed to act immediately; the transferee courts are to register the matters, issue notice to the concerned parties and proceed with them in accordance with law, treating them as appeals under the proviso to Section 372 CrPC.