Bombay High Court

DEEPAK ASHOK DHALEversusASHUTOSH JOHN BEDEKAR AND ANR

Disposal: Disposed Off

Holding

The High Court ordered that the proceedings be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Deepak Ashok Dhale, filed a criminal appeal before the Bombay High Court challenging the jurisdiction of the trial court. The appellant and Respondent No.1 relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be heard by a Sessions Court having territorial jurisdiction. The High Court examined the precedent and concluded that the proceedings were indeed before an inappropriate forum. Consequently, the Court ordered the transfer of the case to the competent Sessions Court, directing the Registrar to effect the transfer and the Sessions Court to re‑register and expedite the matter. The appeal and any interim applications were thereafter disposed of.

Issues considered

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

Subjects

jurisdiction
transfer of proceedings
criminal procedure
Sessions Court
High Court
appeal

Judgment

18-APEAL-1618-2011 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 1618 OF 2011

Deepak Ashok Dhale … Appellant
Versus
Ashutosh John Bedekar And Anr. … Respondents

——————
Mr. S. A. Ingawale (through VC) a/w Anand Patil, Advocate for the Appellant.
Mr. Prithviraj Raorane a/w Shantanu Patil i/b S. R. Ganbavale, Advocate for
the Respondent No. 1.
Mr. C. D. Mali, APP for the Respondent – State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 17th September 2026.

PER COURT :

1. Heard Mr. S. A. Ingawale, learned Advocate for the Appellant, MR.

Prithviraj Raorane, learned Advocate for the Respondent No. 1 and Mr. C. D.

Mali, 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.

Arjun 1
18-APEAL-1618-2011 (CR).docx

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 :-

(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. 1618 of 2011 is disposed of.

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

[ ASHWIN D. BHOBE, J. ]
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date: Arjun 2
2026.09.21
11:11:21
+0530

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