Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Order Date: 08 October 2026
Case Overview
- Applicant: The Federal Bank Limited, represented by Navnath Sitaram Waghmare (signed on 08‑10‑2026).
- Respondent: State of Maharashtra and others.
- The matter arises from proceedings under Section 138 of the Negotiable Instruments Act, 1881, where the applicant seeks leave to appeal an acquittal and condonation of delay.
- Counsel for the applicant relied on the Supreme Court judgment in M/s. Celestium Financial Vs. A. Gnanasekaran (2025 SCC OnLine SC 1320), specifically paragraphs 7.9 and 9, to argue that an appeal may be filed under Section 372 of the Code of Criminal Procedure, 1973.
- The High Court considered the Supreme Court observations and allowed the appeal to be treated as an appeal memo.
Final Outcome
- The interim application and the delay‑condonation application are ordered to be transferred to the Sessions Court, Greater Mumbai.
- The Registry is directed to expedite the transfer of the records.
- The Sessions Court is directed to register the applications and hear them on their merits in accordance with law; the High Court expressed no view on the merits.
- The applicant must furnish a photocopy set of the present proceedings to the Registry for record‑keeping.
- The applications are disposed of in the above terms.
Topics: Legal Procedure, Banking Litigation