Bombay High Court

KHANDERAO SHIVAJI KHARADEversusDASHRATH SANGAPPA CHATURBHUJ AND ANR.

Disposal: Disposed Off

Holding

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

Summary

The appellant, Khanderao Shivaji Kharade, filed Criminal Appeal No. 305 of 2023 challenging the jurisdiction of the High Court to try the matter. Both parties cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) which held that similar matters should be tried before a Sessions Court having jurisdiction. The Court examined whether the appeal should be heard by it or transferred to the appropriate Sessions Court. Relying on the precedent, the Court concluded that the proceedings must be transferred to the Sessions Court. Accordingly, the appeal was disposed and an order was made directing the Registrar to transfer the case, with the Sessions Court to re‑register, issue notice and expedite the trial.

Issues considered

Whether the High Court has jurisdiction to try the criminal proceedings or they 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 appeal

Subjects

jurisdiction
transfer of proceedings
sessions court
criminal appeal
appellate jurisdiction

Judgment

36-APEAL-305-2023 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 305 OF 2023

Khanderao Shivaji Kharade … Appellant
Versus
Dashrath Sangappa Chaturbhuj And Anr … Respondents

——————
Mr. Pradeep Salgar, Advocate for the Appellant.
Mr. C. D. Mali, APP for the Respondent – State.
——————

Coram : ASHWIN D. BHOBE, J.

Date: 17th September 2026.

PER COURT :

1. Heard Mr. Pradeep Salgar, learned Advocate for the Appellant and Mr.

C. D. Mali, 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
36-APEAL-305-2023 (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. 305 of 2023 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
11:37:32
+0530

Arjun 2

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