Bombay High Court

RAJESH MOTORS PVT. LTD., SATARAversusAPPASO HARI GAWADE AND ANR

Disposal: Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction.

Summary

Rajesh Motors Pvt. Ltd appealed against Appaso Hari Gawade & Anr. before the Bombay High Court, Circuit Bench, Kolhapur. The appellant argued, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), that the matter should be heard by a Sessions Court having jurisdiction. The Court examined the jurisdictional issue and agreed that the proceedings were more appropriately before a Sessions Court. Accordingly, the High Court ordered the transfer of the appeal to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register and expedite the case. The appeal and any interim applications were thereafter disposed.

Issues considered

Whether the criminal appeal pending before the High Court should be transferred to a Sessions Court having jurisdiction

Subjects

jurisdiction
transfer of criminal proceedings
sessions court
appeal disposal
high court order

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (22) APEAL-1377.18.DOCX
CHANDAN Date:
2026.08.25
16:27:07 +0530
lgc

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

CRIMINAL APPEAL NO.1377 OF 2018

Rajesh Motors Pvt. Ltd, Satara : Appellant.
Versus
Appaso Hari Gawade & Anr. : Respondents.

______________________________________________________

Mr. Somnath Chavan i/by Mr. Dhananjayrao D Rananaware for the
Appellant.
Mr. Nitin B Patil, APP for the Respondent – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 25 AUGUST 2026
PC:-

1. Heard learned Advocate for the Appellant and learned APP
for the Respondent – State.

2. Learned Advocates for the parties, 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 request that
these proceedings be transferred to the Sessions Court having
jurisdiction.

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

1
(22) APEAL-1377.18.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. 1377 of 2018 is disposed of.

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

(ASHWIN D. BHOBE, J.)

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