Shriram Finance Ltd vs. Namdeo Paulad Patil - Leave to Appeal
Summary
The Bombay High Court is hearing applications for leave to appeal an acquittal order under Section 138 of the Negotiable Instruments Act. The court has deferred the hearing pending a decision from the Supreme Court on a related matter concerning the appropriate forum for such appeals.
What changed
The Bombay High Court, Bench at Aurangabad, is considering multiple applications for leave to appeal orders of acquittal under Section 138 of the Negotiable Instruments Act. The primary issue before the court is the correct appellate forum, with a respondent arguing, based on a Supreme Court decision in Celestium Financial v. Ganasekaran, that appeals should lie before the District and Sessions Court. The applicant, however, points to a pending Supreme Court referral in M/s Everest Automobiles v. M/s. Rajit Enterprises regarding the complainant's standing as a victim under Section 372 of the Cr.P.C., urging a stay on proceedings until that larger bench decision.
Parties have agreed to defer the hearing of these leave to appeal applications until the Supreme Court renders its decision on the referenced matters. This means that the immediate compliance or procedural steps for the parties involved are to await further direction from the court after the Supreme Court's ruling. The court has explicitly stated that all points on merits remain open for consideration after the stay is lifted, indicating that the substantive arguments of the case will be addressed at a later stage.
What to do next
- Await Supreme Court decision on the appropriate forum for appeals under Section 138 of the Negotiable Instruments Act.
- Prepare to re-argue leave to appeal applications once the Supreme Court decision is rendered.
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Shriram Finance Ltd Formerly Shriram ... vs Namdeo Paulad Patil on 23 March, 2026
-1-
59-ALP-117-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 117 OF 2025
SHRIRAM FINANCE LTD (FORMERLY SHRIRAM CITY UNION FINANCE
LTD) THR. PRAVIN KISHOR KASAB
VERSUS
NAMDEO PAULAD PATIL
......
Advocate for Appellant : Mr. Vinod Y. Bhide
Advocate for Respondent : Mr. Ujwal Patil
......
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 86 OF 2025
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 89 OF 2025
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 81 OF 2025
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 85 OF 2025
WITH
APPLN. FOR LEAVE TO APPEAL BY PVT. PARTY NO. 82 OF 2025
......
CORAM : ABHAY S. WAGHWASE, J. DATED : 23 MARCH 2026
PER COURT :
- The instant application has been preferred seeking leave to
file an appeal against the order of acquittal from offence under [Section
138](https://indiankanoon.org/doc/1823824/) of the Negotiable Instruments Act.
- This matter was earlier heard and kept for today on a court
query.
59-ALP-117-2025
- Learned counsel Shri Ujwal Patil for respondent submits
that, in view of the recent decision of the Hon'ble Supreme Court in
Celestium Financial v. Ganasekaran Etc. [(2025) SCC OnLine SC 1320],
the appeal lies before learned District and Sessions Court and not before
this Court.
- Learned counsel Shri Vinod Bhide for applicant pointed out
that, in the above judgment there is no mandate to approach Sessions
Court. However, he further pointed out that, recently the Hon'ble Apex
Court in the case of M/s Everest Automobiles v. M/s. Rajit Enterprises in
Petition for Special Leave to Appeal (Crl.) No.12350 of 2024, on the issue
whether complainant in 138 N.I. Act, can be said to be victim so as to
avail remedy of 372 of Cr.P.C., has referred the said case to larger Bench
and therefore he urges that till decision of larger Bench of Hon'ble Apex
Court, this matter may be kept in abeyance by keeping all points on
merits open. He placed on record a copy of the order passed in SLP (Crl.)
No.12350 of 2024 for ready reference.
- Learned counsel for respondent also agreed to the same.
Resultantly, present leave to file appeal shall be heard after decision of
proposed larger Bench and parties shall be at liberty to move the Court
for circulation of ALP thereafter.
(ABHAY S. WAGHWASE, J.)
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