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Bombay High Court

SAINIK CO OP CREDIT SOCEITY LTDversusTANAJI SAHAJI PATIL AND ANR

Disposal
Disposed Off

Holding

The proceedings are to be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Sainik Co‑op Credit Society Ltd, filed a criminal appeal against Tanaji Sahaji Patil and others. Both parties cited the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The High Court examined the submission and ordered that the proceedings be transferred to the competent Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed to re‑register the case, issue notices, and expedite the matter. The appeal and any interim applications were subsequently disposed of.

Issues considered

  • Whether the criminal proceedings should be transferred to the Sessions Court having jurisdiction
  • Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran is applicable to warrant such transfer

Subjects

  • jurisdiction
  • transfer of proceedings
  • criminal appeal
  • sessions court
  • procedural law

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN
GOPAL       Date:                                                    907-APEAL-155-2012 (CR).DOCX
CHANDAN     2026.08.24
            18:38:33
            +0530
                                                                                                   lgc

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

                                               CRIMINAL APPEAL NO. 155 OF 2012

                               Sainik Co-op Credit Society Ltd                       : Appellant
                                      VERSUS
                               Tanaji Sahaji Patil And Anr                            : Respondents

                               __________________________________________________________

                               Ms. Siddheshwari R Chavan a/w Mr. Gajraj A Mali i/by Adv. Vikas
                               Mali for the Appellant.
                               Ms. Shubhangi N Deshmukh, APP for the Respondent – State.
                               __________________________________________________________

                                                        CORAM : ASHWIN D. BHOBE, J.

                                                         DATED :      21 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
                                       907-APEAL-155-2012 (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.155 of 2012 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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