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Bombay High Court

KIRAN DINKAR SHELKEversusMADHAV GAJKUMAR UPADHYE AND ANR

Disposal
Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction, and the appeal is disposed of.

Summary

In Criminal Appeal No. 248 of 2017, appellant Kiran Dinkar Shelke failed to appear before the Bombay High Court, while respondents Madhav Gajkumar Upadhye and another were represented. Counsel for Respondent No.1 and the State relied on the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be tried before a Sessions Court with appropriate jurisdiction. The High Court, after noting the absence of the appellant, ordered that the proceedings be transferred to the competent Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed to re‑register the case, issue notices, and expedite the matter. Consequently, the appeal was disposed of, and any interim applications were also dismissed.

Issues considered

  • Whether the criminal appeal should be transferred to a Sessions Court having jurisdiction
  • Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran is applicable to the present proceedings

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • appellate jurisdiction
  • procedural order

Judgment

          Digitally signed
          by LAXMIKANT
LAXMIKANT GOPAL
GOPAL     CHANDAN
                                                                    930-APEAL-248-2017 (CR).DOCX
CHANDAN   Date:
          2026.08.24
          19:31:24 +0530

                                                                                               lgc
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIRCUIT BENCH AT KOLHAPUR
                                            CRIMINAL APPELLATE JURISDICTION

                                             CRIMINAL APPEAL NO. 248 OF 2017

                             Kiran Dinkar Shelke                                     : Appellant
                                   VERSUS
                             Madhav Gajkumar Upadhye And Anr                        : Respondents

                             ______________________________________________________
                             None for the Appellant
                             Adv. Siyal Magdum a/w Advocates Benazir Jamadar and
                             Pankajsinh Deshmukh for Respondent No.1.
                             Dr. A. A. Takalkar, APP for the Respondent – State.
                             ______________________________________________________

                                                       CORAM : ASHWIN D. BHOBE, J.

                                                        DATED :      21 AUGUST 2026
                             PC:-



                             1.      When this matter is called out, neither the Appellant nor the
                             Advocate for the Appellant are present physically or through V. C.
                             mode.

                             2.      Learned Advocate for the Respondent No.1 and 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, submit
                             that these proceedings would now lay before the Sessions Court
                             having jurisdiction. They therefore submits that these proceedings
                             be transferred to the Sessions Court having jurisdiction.

                             3.      In view of the above, the following order is passed :-


                                                                1
                                       930-APEAL-248-2017 (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.248 of 2017 is disposed of.

5.    Interim Application, if any, is also disposed of.




                                             (ASHWIN D. BHOBE, J.)




                                   2


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