Bombay High Court

YASHODHARA CO. OP CREDIT SOCEITY LTD.versusGEETA PRABHAKAR GORE AND ANR

Disposal: Disposed Off

Holding

The proceedings are to be transferred to the Sessions Court having jurisdiction.

Summary

Yashodhara Co. Op Credit Society Ltd appealed against Geeta Prabhakar Gore and another, seeking relief in the Bombay High Court. The appellant argued, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025), that the criminal proceedings should be before a Sessions Court having jurisdiction. The Court examined the precedent and concluded that the matter indeed fell within the jurisdiction of the Sessions Court. Accordingly, the High Court ordered the transfer of the proceedings to the appropriate Sessions Court, directing the registrar to effect the transfer and urging expedited disposal. Both criminal appeals (Nos. 422 and 427 of 2011) and any interim applications were disposed of.

Issues considered

Whether the High Court has jurisdiction to continue the criminal proceedings or they must be transferred to a Sessions Court having jurisdiction.

Subjects

jurisdiction
transfer of proceedings
criminal appeal
Sessions Court
procedural law

Judgment

11-APEAL-422-2011 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 422 OF 2011
Yashodhara Co. Op Credit Soceity Ltd, … Appellant
Versus
Geeta Prabhakar Gore And Anr. … Respondents
WITH
CR. APPEAL NO. 427 OF 2011
Yashodhara Co. Op Credit Soceity Ltd … Appellant
Versus
Geeta Prabhakar Gore And Anr. … Respondents
——————
Mr. Pankajsinh Deshmukh a/w Siyal Magdhum i/b Umesh Mankapure,
Advocate for the Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
——————

Coram : ASHWIN D. BHOBE, J.

Date : 17th September 2026.

PER COURT :

1. Heard Mr. Pankajsinh Deshmukh, learned Advocate for the Appellant
and Mr. N. B. Patil, 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.

Arjun 1
11-APEAL-422-2011 (CR).docx

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

(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 Nos. 422 of 2011 and 427 of 2011 are disposed of.

5. Interim Applications, if any, are also disposed of.

[ ASHWIN D. BHOBE, J. ]
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
10:59:09
+0530

Arjun 2

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