Bombay High Court
HRUTU AGRO AGENCY WADA THROUGH PROP. HARSHAD DINKAR JOSHIversusSACHIN SHASHIKANT RISBUD AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
The appellant Hrutu Agro Agency, represented by Moin Momin and Adv. Bhushan Walimbe, sought transfer of a criminal appeal against respondents Sachin Risbud and others to a Sessions Court having jurisdiction, relying on a recent Supreme Court decision. The State, through APP S. H. Yadav, opposed the transfer. The High Court, after hearing both sides, noted the Supreme Court precedent (Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320) which supports such transfers. Consequently, the Court ordered that the proceedings be transferred to the appropriate Sessions Court, with the Registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the matter. The appeal and any interim applications were disposed of following the transfer order.
Issues considered
- Whether the High Court should retain jurisdiction over the criminal appeal or transfer it to a Sessions Court having jurisdiction as per Supreme Court precedent.
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 932-APEAL-293-2018 (CR).DOCX
CHANDAN 2026.08.24
18:38:38
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 293 OF 2018
Hrutu Agro Agency Wada Through
Prop. Harshad Dinkar Joshi : Appellant
VERSUS
Sachin Shashikant Risbud And Anr : Respondents
______________________________________________________
Mr. Moin Momin i/by Adv. Bhushan Walimbe for the Appellant.
Mr. S. H. Yadav, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 AUGUST 2026
PC:-
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 :-
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932-APEAL-293-2018 (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. 293 of 2018 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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