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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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