Bombay High Court

SHREE DATTAJIRAO SURYAVANSHI NAGARI CO-OPERATIVE CREDIT SOCIETY LTD.versusMAHHAMODSHFI ABDULGANI KULKARNI AND ANR

Disposal: Disposed Off

Holding

The appeal must be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Shree Dattajirao Suryavanshi Nagari Co-operative Credit Society Ltd., filed a criminal appeal against Mahamodshfi Abdulgani Kulkarni and another. Neither the appellant nor its counsel appeared before the Bombay High Court. The respondent‑State, through Advocate Nitin B. Patil, relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by the Sessions Court having jurisdiction. The High Court agreed and ordered the transfer of the proceedings to the appropriate Sessions Court, directing re‑registration and issuance of notice to the parties. It also directed the Sessions Court to expedite the case. Consequently, Criminal Appeal No. 434 of 2013 and any interim applications were disposed of.

Issues considered

Whether the criminal appeal should be transferred to the Sessions Court having jurisdiction in view of the Supreme Court precedent.

Subjects

transfer of jurisdiction
criminal appeal
session court
procedural order
re-registration
expedited disposal

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL 8) APEAL-434.13 (CR).DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.27
20:30:22 +0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 434 OF 2013

Shree Dattajirao Suryavanshi Nagari
Co-operative Credit Society Ltd. : Appellant
VERSUS
Mahhamodshfi Abdulgani Kulkarni and anr : Respondents

______________________________________________________
None for the Appellant.
Mr. Nitin B Patil, APP for the Respondent – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 27 AUGUST 2026
PC:-

1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.

2. Learned APP for the Respondent – State, 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, submits that these proceedings would now lay before the
Sessions Court having jurisdiction. He therefore submits that these
proceedings be transferred to the Sessions Court having
jurisdiction.

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

1
8) APEAL-434.13 (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. 434 of 2013 is disposed of.

5. Interim Application, if any, is also disposed of.

(ASHWIN D. BHOBE, J.)

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