Bombay High Court

KOLHAPUR VYAPARI NAGARI SAHAKARI PATASANSTHA MARYADITversusNARAYAN PANDURANG KORGAONKAR AND ORS

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. 1285 of 2011 where the appellant, Kolhapur Vyapari Nagari Sahakari Patasanstha, was absent. The State, through counsel, cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The Court agreed and ordered the transfer of the proceedings to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, notify parties, and expedite the case. The transferred case is to be dealt with on its merits in accordance with law. Consequently, the appeal and any interim applications were disposed of.

Issues considered

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

Subjects

jurisdiction
transfer of criminal proceedings
sessions court
high court
procedural order

Judgment

20-APEAL-1285-2011 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. APPEAL NO. 1285 OF 2011

Kolhapur Vyapari Nagari Sahakari Patasanstha …...Appellant
Maryadit, Kolhapur
Versus
Narayan Pandurang Korgaonkar & Ors …...Respondents

——————
None for Appellant.
Mr. S.H. Yadav, A.P.P. for Respondent No.3-State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 28th September 2026.

PER COURT :

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

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20-APEAL-1285-2011 (CR).docx

jurisdiction. He therefore submits that these proceedings be transferred to the

Sessions Court having jurisdiction.

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

(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. 1285 of 2011 is disposed of.

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

Digitally signed
by OMKAR [ ASHWIN D. BHOBE, J. ]
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.09.28
14:51:01 +0530

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