Disposed¶21

Dr. Ejaj Ahemad Khan v. Rayyan Abdul Nabi Jagirdar and Another

Bombay HC5 Jan 2026ALP/110/2025

Case brief

AI extract

What is this about?

Leave to appeal by private party against acquittal; offence under Section 138 Negotiable Instruments Act; transfer of pending leave application from High Court (Aurangabad Bench) to District and Sessions Court following Supreme Court decision in Celestium Financial v. Ganasekaran (2025) SCC OnLine SC 1320; appeal under proviso to Section 372 CrPC; exclusion of limitation period; Abhay S. Waghwase, J.; January 05, 2026.

What did the court decide?

Transfer of the proceedings to the concerned District and Sessions Court; registration there with notice to the parties and further proceedings in accordance with law; treatment of the matter as an appeal under the proviso to Section 372 CrPC per Celestium Financial; exclusion of the period spent on the leave application from limitation calculation. ¶21

Dr. Ejaj Ahemad Khan vs Rayyan Abdul Nabi Jagirdar and Another — Cheque Dishonour | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the leave application against the acquittal should be transferred to the District and Sessions Court and dealt with as an appeal under the proviso to Section 372 CrPC, in view of the Supreme Court's decision in Celestium Financial.

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Ratio / Principle

The present proceedings were ordered to be transferred to the concerned District and Sessions Court, with the Learned Registrar (Judicial) to take further necessary action for the transfer immediately.

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Key takeaways

The Trial Court to whom the matter is assigned, after registering it, shall issue notice to the concerned parties and thereafter proceed further with the matter in accordance with law.ratio¶18
The concerned Trial Court shall treat this matter as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, as per the observations of the Hon'ble Supreme Court in Celestium Financial (supra).ratio¶19
The learned District and Sessions Judge shall exclude the period spent in prosecuting the instant leave application before this Court while calculating the period of limitation.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Bench at Aurangabad (Abhay S. Waghwase, J.), Application for Leave to Appeal by Private Party No. 110 of 2025, decided January 05, 2026: The applicant sought leave to appeal against an order of acquittal for an offence under Section 138 of the Negotiable Instruments Act. Acting on the Supreme Court's decision in Celestium Financial v. Ganasekaran, (2025) SCC OnLine SC 1320, the Court ordered transfer of the proceedings to the concerned District and Sessions Court, directed registration there with notice to the parties, and ordered that the matter be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure per the observations in Celestium Financial. The District and Sessions Judge was directed to exclude the period spent prosecuting the leave application before the High Court when calculating limitation. Application stands disposed of.

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2026:BHC-AUG:7

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33-ALP-110-2025.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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APPLICATION FOR LEAVE TO APPEAL BY PRIVATE PARTY NO. 110 OF 2025

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Dr. Ejaj Ahemad Khan VERSUS

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Rayyan Abdul Nabi Jagirdar And Another

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Mr. M. S. Farid, Advocate for Appellant Mr. S. M. Ganachari, APP for Respondent No.2

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CORAM : ABHAY S. WAGHWASE, J DATE : JANUARY 05, 2026

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PC :

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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. 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 same be transferred to the District Court.

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In view of the above, the following order is passed :

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ORDER

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I. The present proceedings be transferred to the concerned District and Sessions Court. Learned Registrar (Judicial)

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PAGE 1 OF 2

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33-ALP-110-2025.odt

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of this Court to take further necessary action for transferring this matter to the concerned District and Sessions Court, immediately.

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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.

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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 Celestium Financial (supra).

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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.

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V. Application stands disposed of.

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(ABHAY S. WAGHWASE, J.)

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Umesh

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Dr. Ejaj Ahemad Khan v. Rayyan Abdul Nabi Jagirdar and Another

Case brief

What is this about?

What did the court decide?

Dr. Ejaj Ahemad Khan v. Rayyan Abdul Nabi Jagirdar and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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