Bombay High Court
JYOTIRLING FINANCE and INVESTMENT LTD.versusASHOK HINDURAO MAHIND AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
Jyotirling Finance and Investment Ltd filed a criminal appeal (No. 226 of 2011) before the Bombay High Court, Circuit Bench, Kolhapur, but neither the appellant nor its counsel appeared. The State, represented by Advocate N. B. Patil, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The Court agreed that the appeal should be transferred to the competent Sessions Court and issued detailed directions for the transfer, re‑registration, notice issuance, and expedited disposal. The High Court ordered the Registrar to effect the transfer and directed the Sessions Court to proceed on the merits. Consequently, the appeal and any interim applications were disposed of pending transfer.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or should transfer it to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural direction
Judgment
8-APEAL-226-2011 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 226 OF 2011
Jyotirling Finance And Investment Ltd … Appellant
Versus
Ashok Hindurao Mahind And Anr. … Respondents
——————
None for the Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
——————
Coram : ASHWIN D. BHOBE, J.
Date: 17th September 2026.
PER COURT :
1. When this matter is called out, neither the Appellant nor the Advocate
for the Appellant are present in Court either physically or through V. C. mode.
2. Mr. N. B. Patil, learned APP for the Respondent – State, 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 , submits
that these proceedings would now lay before the Sessions Court having
jurisdiction. He therefore submits that these proceedings be transferred to
the Sessions Court having jurisdiction.
3. In view of the above, the following order is passed :-
Arjun 1
8-APEAL-226-2011 (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. 226 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:
2026.09.21
10:42:40 Arjun 2
+0530
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