Disposed

Grasim Industries Ltd. v. M/S. Gobind Ram and Sons and Anr.

Bombay HC2 Apr 2026APEAL/115/2008

Case brief

AI extract

What is this about?

This court allowed an appeal seeking transfer to the Sessions Court to enable the appellant to challenge an acquittal. The court held that there is no impediment to such transfer and directed transmission of records to the Sessions Court for adjudication on merits. The current appeal is disposed of via this transfer.

What did the court decide?

Appeal transferred to Sessions Court; registered there and decided on merits.

Grasim Industries Ltd. Vs M/S. Gobind Ram and Sons and Anr. — Cheque Dishonour | Bombay HC (2026)

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Digitally signed byCHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2026.04.02 19:54:41 +0530

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Chitra Sonawane 6-A-115-2008.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Criminal Appeal No.115 of 2008

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Grasim Industries Ltd Unit Rajashree Cement through its Manager (Commercial) Mr BD Agarwal Age: 55 yrs, Occ: service office Add -at 9, Tara Heights, 5^th floor, Bombay Pune Road, Wakdewadi, Pune-411 003 At present- Grasim Industries Ltd Elbee House, 3^rd floor, Plot No.7/352, Sidhartha Path, Dhole Patil Road, Pune-411 001 … Appellant.

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Vs.

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M/s Gobind Ram & Sons through proprietor Mr Nagrani Vaindavatina 3, Gree Park Society, Behind Anand Park, Aundh, Pune-7/2, Mukathi above Citizen Coop. Bank, Baner road, Pune 411 045.

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The State of Maharashtra … Respondents.

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Mr Sumedh S Modak i/by Mr Vijay Killedar for the appellant.

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Ms GP Mulkar, APP for the respondent / State.

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Page No. 1 of 3 ____________________________________________ 2 April 2026

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Chitra Sonawane 6-A-115-2008.doc

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Coram : R.N.Laddha, J. Date : 2 April 2026.

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P.C. :

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The present appeal takes exception to the judgment and order dated 17 January 2006 passed by the Civil Judge, Senior Division, Pune, in SCC No.1779/2001 whereby respondent No.1 herein, was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

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The learned Counsel appearing on behalf of the appellant has relied on the judgment of the Hon’ble Supreme Court in Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320, to submit that by virtue of proviso to Section 372 of the Code of Criminal Procedure, 1973, the appellant has a statutory right to challenge an acquittal. It is asserted that the present appeal be transferred to the Sessions Court so that the appellant can effectively exercise this right and is not deprived of a proper adjudicatory forum. Reliance is also placed on the decisions in Pankaj Mehta vs Vishal Hundar, 2026 SCC OnLine MP 800; Sunil Kumar vs Daljit Kaur, 2025:PHHC:092344; and Raj Kumar vs Rajender, 2025:PHHC:079740 to submit that

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Page No. 2 of 3

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2 April 2026

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Chitra Sonawane 6-A-115-2008.doc

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there is no impediment for transferring the appeal to the concerned Sessions Court.

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Having considered the submissions and the decisions cited above, this Court deems it appropriate to transfer the present appeal to the Court of Sessions having jurisdiction.

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Accordignly, the learned Registrar (Judicial) is directed to ensure prompt transmission of the entire record to the concerned Sessions Court. Upon receipt, the Sessions Court shall register the appeal and proceed to decide the same on its own merits and in accordance with the law expeditiously.

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The appeal stands disposed of in the above terms.

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Page No. 3 of 3

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2 April 2026

Grasim Industries Ltd. v. M/S. Gobind Ram and Sons and Anr.

Case brief

What is this about?

What did the court decide?

Grasim Industries Ltd. v. M/S. Gobind Ram and Sons and Anr.

Case brief

What is this about?

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