Bombay High Court
INSTITUTE OF RURAL CREDIT AND ENTREPRENEURSHIP DEVELOPMENTversusSUMANGALA BASGOUDA PATIL AND ANR
- Disposal
- Allowed
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
The Institute of Rural Credit and Entrepreneurship Development appealed against Sumangala Basgouda Patil and another, seeking transfer of the criminal proceedings to a Sessions Court with appropriate jurisdiction. The appellant relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to support the request. The High Court examined the precedent and found that the matter was more suitably heard by a Sessions Court. Consequently, the Court ordered the transfer of the proceedings, directed the Registrar to effect the transfer, and instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. The appeal and any pending 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
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural law
- high court order
Judgment
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12-APEAL-205-2012 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 205 OF 2012
Institute Of Rural Credit And
Entrepreneurship Development …...Appellant
VERSUS
Sumangala Basgouda Patil And Anr. …...Respondents
_________________________________________________________________
Mr. Sujit B. Nikam a/w Mr. Sumit Vhanabhatte i/b Mr. Shailesh D. Chavan,
for Appellant.
Mr. Indrajeet Joshi (Through VC), for Respondent No.1.
Digitally
Ms. Shubhangi N. Deshmukh, A.P.P., for Respondent No.2 - State.
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM
_________________________________________________________________
Date:
2026.10.07
20:49:34
+0530
CORAM : ASHWIN D. BHOBE, J.
DATE : 7th OCTOBER, 2026.
P.C.
1. Heard Mr. Sujit B. Nikam, learned Advocate for the Appellant,
Mr. Indrajeet Joshi, learned Advocate for Respondent No.1 and Ms.
Shubhangi N. Deshmukh, learned APP for Respondent No.2 – 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 this
proceedings would now lay before the Sessions Court having jurisdiction.
Shantanu S. Dhudum
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12-APEAL-205-2012 (CR).DOC
They therefore request that this 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 this 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 this 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. 205 of 2012 is disposed of.
5. All pending Interim Applications, if any, also stand disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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