Bombay High Court
JAYESH PRAKASH SHIVALKARversusPRAMOD A. KARANDIKAR AND ANR.
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Jayesh Prakash Shivalkar, filed a criminal appeal before the Bombay High Court, Circuit Bench at Kolhapur, seeking relief against the respondents. Both parties cited the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), arguing that the matter should be heard by the Sessions Court having jurisdiction. The Court examined whether the High Court retained jurisdiction or was required to transfer the proceedings as per the precedent. It concluded that the proceedings must be transferred to the appropriate Sessions Court. Accordingly, the Court ordered the transfer, directed the Registrar to effect it, and instructed the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were thereafter disposed of.
Issues considered
- Whether the High Court should retain jurisdiction over the criminal proceedings or transfer them to the Sessions Court having jurisdiction in view of the Supreme Court precedent.
Subjects
- transfer of jurisdiction
- criminal appeal
- Sessions Court
- High Court
- procedural law
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 953-APEAL-398-2025 (CR).DOCX
CHANDAN 2026.08.24
18:38:42
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 398 OF 2025
Jayesh Prakash Shivalkar : Appellant
VERSUS
Pramod A. Karandikar And Anr. : Respondents
__________________________________________________________
Mr. Vaibhav V Arage i/by Adv. Mohan Devkule for the Appellant.
Mr. Nitin B Patil, 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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953-APEAL-398-2025 (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. 398 of 2025 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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