Bombay High Court
VIJAYKUMAR BHUPAL KAVATHEKARversusNEMGONDA PIRGONDA PATIL AND ANR
- Disposal
- Disposed Off
Holding
The court held that the criminal proceedings must be transferred to the Sessions Court having jurisdiction.
Summary
In Criminal Appeal No.1034 of 2018, the appellant Vijaykumar Bhupal Kavathekar failed to appear before the Bombay High Court. The respondent, represented by Rahul Rote (advocated by Vijay Killedar) and Ms. Mahalakshmi Ganapathy (APP for the State), relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be before a Sessions Court with proper jurisdiction. The High Court agreed, ordering the transfer of the proceedings to the appropriate Sessions Court and directing that the case be re‑registered and expedited there. The court also directed the Registrar to effect the transfer. Consequently, the appeal was disposed of, and any interim applications were also dismissed.
Issues considered
- Whether the High Court has jurisdiction to entertain the criminal appeal or the matter should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- High Court
- Sessions Court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
941-APEAL-1034-2018 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:26 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1034 OF 2018
Vijaykumar Bhupal Kavathekar : Appellant
VERSUS
Nemgonda Pirgonda Patil And Anr : Respondents
__________________________________________________________
None for the Appellant.
Mr. Rahul Rote i/by Adv. Vijay Killedar for Respondent No.1.
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 Advocate for the Respondent No.1 and 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, submit
that these proceedings would now lay before the Sessions Court
having jurisdiction. They therefore submit that these proceedings
be transferred to the Sessions Court having jurisdiction.
3. In view of the above, the following order is passed :-
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941-APEAL-1034-2018 (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.1034 of 2018 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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