Bombay High Court
SAI GANESH CO OP CREDIT SOCEITY LTDversusJITENDRA SHANKAR KURNE AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
Sai Ganesh Co‑Op Credit Society Ltd appealed against Jitendra Shankar Kurne and others before the Bombay High Court. The appellant and the State counsel argued, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025), that the criminal proceedings should be heard by a Sessions Court having jurisdiction. The High Court, after considering the submissions, ordered that the case be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices and expedite the matter. The appeal and any interim applications were consequently disposed of.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction in view of the Supreme Court’s precedent.
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- criminal appeal
- high court order
Judgment
19-APEAL-1623-2011 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 1623 OF 2011
Sai Ganesh Co Op Credit Soceity Ltd … Appellant
Versus
Jitendra Shankar Kurne And Anr. … Respondents
——————
Mr. Siyal Magdum i/b Unmesh Manakapure, Advocate for the Appellant.
Mr. C. D. Mali, APP for the Respondent – State.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 17th September 2026.
PER COURT :
1. Heard Mr. Siyal Magdum, learned Advocate for the Appellant 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.
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 :-
Arjun 1
19-APEAL-1623-2011 (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. 1623 of 2011 is disposed of.
5. Interim Application, if any, is also disposed of.
Digitally [ ASHWIN D. BHOBE, J. ]
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
11:12:38
+0530
Arjun 2
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