Bombay High Court
M/S. N. I. PLAST INDIAversusM/S. MULTIMEDIA ENTERPRISES AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction.
Summary
The High Court of Bombay, Kolhapur Circuit Bench, heard Criminal Appeal No. 1511 of 2011 where the appellant, M/s. N. I. Plast India, was absent along with its counsel. The respondent State, represented by Mr. Chandrakant D. Mali, relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The Court examined whether the appeal should be transferred to such a court under the precedent. It concluded that the proceedings indeed required transfer to the competent Sessions Court. Accordingly, the Court ordered the transfer, directed the registrar to effect it, and instructed the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were disposed of.
Issues considered
- Whether the criminal appeal should be transferred to a Sessions Court having jurisdiction as per the Supreme Court precedent
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural order
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (4) APEAL 1511.11.DOCX
CHANDAN Date:
2026.08.25
16:33:20 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1511 OF 2011
M/s. N. I. Plast India : Appellant.
Versus
M/s. Multimedia Enterprises and anr. : Respondents.
______________________________________________________
None for the Appellant.
Mr. Chandrakant D. Mali, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 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. 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 :-
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(4) APEAL 1511.11.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. 1511 of 2011 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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