Bombay High Court
JOTIRLING FINANCE AND INVESTMENT LTD.versusVIDYA DILIP CHAVAN AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
The High Court of Bombay, Kolhapur Circuit Bench, heard Criminal Appeal No. 1150 of 2018 filed by Jotirling Finance and Investment Ltd. against Vidya Dilip Chavan and another. Neither the appellant nor its counsel appeared. The respondent‑State, through Dr. A. A. Takalkar, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried before the Sessions Court having jurisdiction. The Court agreed that the appellate jurisdiction lay with the Sessions Court and ordered the transfer of the proceedings. It directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices, and expedite the trial. Consequently, the appeal and any interim applications were disposed of.
Issues considered
- Whether the High Court has jurisdiction to hear the criminal appeal or the proceedings should be transferred to the Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL 19) APEAL-1150.18 (CR).DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.27
20:30:25 +0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1150 OF 2018
Jotirling Finance And Investment Ltd. : Appellant
VERSUS
Vidya Dilip Chavan and anr : Respondents
______________________________________________________
None for the Appellant.
Dr. A. A. Takalkar, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 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 :-
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19) APEAL-1150.18 (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. 1150 of 2018 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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