Bombay High Court
M/S. ARATI COMPANYversusRAIS BAGWAN AND ANR
- Disposal
- Allowed
Holding
The appeal proceedings are transferred to the Sessions Court having jurisdiction.
Summary
The appellant, M/s. Arati Company, and its counsel were absent when the matter was called. The State’s counsel, Mr. S. H. Yadav, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the proceedings should be before a Sessions Court with jurisdiction. The High Court agreed and ordered that the appeal be transferred to the appropriate Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed to re‑register the case, issue notices, and conduct the trial on its merits. The Court also directed the Sessions Court to expedite the matter given the delay, and the appeal was formally disposed.
Issues considered
- Whether the criminal appellate proceedings should be transferred to the Sessions Court having jurisdiction
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural order
- case disposal
Judgment
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13-APEAL-123-2014 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 123 OF 2014
M/s. Arati Company …...Appellant
VERSUS
Rais Bagwan And Anr …...Respondents
_________________________________________________________________
None for Appellant.
Mr. S. H. Yadav, A.P.P. for Respondent No.2 - State.
_________________________________________________________________
Digitally
signed by CORAM : ASHWIN D. BHOBE, J.
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.10.07
DATE : 7th OCTOBER, 2026.
20:49:34
+0530
P.C.
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 this proceedings would now lay before the Sessions Court having
jurisdiction. He therefore submits that this proceedings be transferred to
the Sessions Court having jurisdiction.
3. In view of the above, the following order is passed :-
Shantanu S. Dhudum
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13-APEAL-123-2014 (CR).DOC
(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 this proceedings to the Sessions
Court, having jurisdiction;
(iii) The Sessions Court, to which this 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. 123 of 2014 is disposed of.
5. All pending Interim Applications, if any, also stand disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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