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Bombay High Court

SOLAPUR JANTA SAHAKARI BANK LTDversusVIJAYALAXMI SANGAPPA SURPUR AND ANR

Disposal
Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Solapur Janta Sahakari Bank Ltd, filed a criminal appeal against the respondents seeking relief. The learned counsel for both parties 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 a Sessions Court with appropriate jurisdiction. The Court examined whether the appellate proceedings were maintainable before the High Court or should be transferred to the Sessions Court. It held that the proceedings must be transferred to the Sessions Court having jurisdiction. Accordingly, the Court ordered the transfer, directed the Registrar to effect it, and instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. The appeal and any interim applications were thereafter disposed of.

Issues considered

  • Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • appellate jurisdiction
  • high court

Judgment

                                                       24-APEAL-542-2013 (CR).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 542 OF 2013

Solapur Janta Sahakari Bank Ltd                       … Appellant
                      Versus
Vijayalaxmi Sangappa Surpur And Anr.                  … Respondents


                                ——————
Shri Anand S. Kulkarni a/w Vaibhav Kupawade, 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. Anand Kulkarni, 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
                                                                                   24-APEAL-542-2013 (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. 542 of 2013 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
          14:26:37
          +0530




                       Arjun                                  2


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