Bombay High Court

KADAM TRACTORS THORUGH ITS PROPRIETOR SATISH BHAGWATRAO KADAMversusGAJANAN RAMCHANDRA PISAL AND ANR

Disposal: Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction, and the High Court proceedings are disposed.

Summary

In Criminal Appeal No. 1017 of 2014, the appellant Kadam Tractors (Satish Bhagwatrao Kadam) failed to appear before the Bombay High Court, Kolhapur Bench. The State, through Advocate Mahalakshmi Ganapathy, relied on the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried before a Sessions Court having jurisdiction. The Court examined whether the appeal should remain before the High Court or be transferred to the appropriate Sessions Court. It held that the proceedings must be transferred to the Sessions Court for proper jurisdictional disposal. Accordingly, the High Court ordered the transfer, directed the registrar to effect it, and instructed the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were thereafter disposed.

Issues considered

Whether the High Court has jurisdiction to continue the criminal appeal or it should be transferred to a Sessions Court having territorial jurisdiction
Whether the Supreme Court precedent in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings

Subjects

jurisdiction
transfer of proceedings
Sessions Court
criminal appeal
procedural law
Supreme Court precedent

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
913-APEAL-1017-2014 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:22 +0530

lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1017 OF 2014

Kadam Tractors Through Its Proprietor
Satish Bhagwatrao Kadam : Appellant
VERSUS
Gajanan Ramchandra Pisal And Anr. : Respondents

__________________________________________________________

None for the Appellant.
Ms. Mahalakshmi Ganapathy, APP for the Respondent – State.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 21 AUGUST 2026
PC:-

1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.

2. Learned APP for the Respondent – State, by referring to the
decision of the Hon’ble Supreme Court in the case of Celestium
Financial Vs. A. Gnanasekaran Etc., reported in 2025 SCC OnLine
SC 1320, submits that these proceedings would now lay before the
Sessions Court having jurisdiction. She therefore submits that
these proceedings be transferred to the Sessions Court having
jurisdiction.

3. In view of the above, the following order is passed :-

1
913-APEAL-1017-2014 (CR).DOCX

(i) The present proceedings be transferred to the Sessions
Court, having jurisdiction;

(ii) The Registrar (Judicial) of this Court to take appropriate
steps for transferring these proceedings to the Sessions
Court, having jurisdiction;

(iii) The Sessions Court, to which these proceedings would be
transferred or assigned, after re-registration of the same,
shall issue notice to the parties to the said proceedings
and thereafter proceed with the matter on its own merits
and in accordance with law.

(iv) Considering the proceedings which are now being
transferred have been pending for some time, the
Sessions Court to which these proceedings would be
assigned is requested to make an endeavour to expedite
the proceedings. Parties shall cooperate in the early
disposal of the proceedings.

4. Criminal Appeal No.1017 of 2014 is disposed of.

5. Interim Application, if any, is also disposed of.

(ASHWIN D. BHOBE, J.)

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