Bombay High Court

MODERN ERP SOLUTIONSversusLANDMARK TECHEDGE PVT. LTD. AND ORS

Disposal: Disposed Off

Holding

The High Court held that the criminal proceedings must be transferred to the Sessions Court having jurisdiction.

Summary

In Criminal Appeal No. 269 of 2025, Modern Erp Solutions appealed against Landmark Techedge Pvt. Ltd. and others, seeking transfer of the pending criminal proceedings to a Sessions Court with appropriate jurisdiction. The appellant and the State relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to support the transfer. The Bombay High Court, after hearing counsel, ordered that the case be transferred to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the matter. The court emphasized cooperation of the parties for early disposal. The appeal and any interim applications were thereafter disposed of.

Issues considered

Whether the High Court can transfer criminal proceedings to a Sessions Court having jurisdiction under the precedent of Celestium Financial v. Gnanasekaran.
Whether the Supreme Court decision mandates such a transfer in the present circumstances.

Subjects

jurisdiction
transfer of proceedings
sessions court
criminal appeal
procedural law
high court order

Judgment

954-APEAL-269-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 269 OF 2025
Modern Erp Solutions ...Appellant
Versus
Landmark Techedge Pvt. Ltd. And Ors. ...Respondents
__________________________________________________________
Mr. Bhushan Jadhav i/b Chetan Patil, for the Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 28th August, 2026.
P.C. :

1. Heard learned Advocate for the Appellant and 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
954-APEAL-269-2025.doc

(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. 269 of 2025 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:
2026.09.01
11:25:05
+0530 Arjun 2

Continue reading with your account

Checking your session…