Bombay High Court
MOHAN DEVIDAS KAMATversusPANDURANG KESHAV JOSHI AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered that the proceedings be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Mohan Devidas Kamat, appealed against the respondents, Pandurang Keshav Joshi and another, seeking relief. Both parties cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the criminal proceedings should be before a Sessions Court with proper jurisdiction. The High Court, after hearing counsel, agreed that the case ought to be transferred to the appropriate Sessions Court. The court ordered the transfer, directed the registrar to effect it, and instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. Consequently, the appeal and any interim applications were disposed of.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction as per the Supreme Court precedent.
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural law
- jurisdictional transfer
Judgment
23-APEAL-183-2013 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 183 OF 2013
Mohan Devidas Kamat … Appellant
Versus
Pandurang Keshav Joshi And Anr. … Respondents
——————
Mr. Vaibhav Kupawade i/b Tejpal Ingale, 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. Vaibhav Kupawade, 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
23-APEAL-183-2013 (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. 183 of 2013 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:
2026.09.21
11:20:02
+0530
Arjun 2
Checking your session…