Bombay High Court

AVINASH SHAMRAO LADversusSACHIN GOVINDRAO KADAM AND ANR

Disposal: Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction, and the High Court disposes of the appeal.

Summary

The appellant, Avinash Shamrao Lad, was absent when the High Court heard Criminal Appeal No. 159 of 2015. The respondents, represented by Mr. Anand S. Patil and Mr. S. H. Yadav, relied on a recent Supreme Court decision (Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320) to argue that the matter should be heard by the Sessions Court having jurisdiction. The Court agreed that the appropriate forum was the Sessions Court and ordered the transfer of the proceedings, directing the Registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The appeal was consequently disposed of, and any interim applications were also dismissed.

Issues considered

Whether the High Court has jurisdiction to continue the criminal appeal or the proceedings should be transferred to the Sessions Court having jurisdiction

Subjects

jurisdiction
transfer of proceedings
criminal appeal
Sessions Court
procedural order

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
922-APEAL-159-2015 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:23 +0530

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

CRIMINAL APPEAL NO. 159 OF 2015

Avinash Shamrao Lad : Appellant
VERSUS
Sachin Govindrao Kadam And Anr : Respondents

__________________________________________________________

None for the Appellant.
Mr. Anand S Patil for Respondent No.1.
Mr. S. H. Yadav, APP for the Respondent – State.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 21 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 Advocate for the Respondent No.1 and 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, submit
that these proceedings would now lay before the Sessions Court
having jurisdiction. They therefore submits that these proceedings
be transferred to the Sessions Court having jurisdiction.

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

1
922-APEAL-159-2015 (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.159 of 2015 is disposed of.

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

(ASHWIN D. BHOBE, J.)

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