Bombay High Court
PANKAJ RAVINDRA BARTAKKEversusBABAN TUKARAM SAPTE AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
Pankaj Ravindra Bartakke appealed against Baban Tukaram Sapte and another. The appellant, through counsel, relied on the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be before the Sessions Court having jurisdiction. The High Court considered the submission and ordered that the proceedings be transferred to the appropriate Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed to re‑register the case, issue notices and expedite the matter. The appeal and any interim applications were thereafter disposed.
Issues considered
- Whether the criminal appeal should be transferred to the Sessions Court having jurisdiction in view of the Supreme Court decision in Celestium Financial v. A. Gnanasekaran
Subjects
- transfer of jurisdiction
- criminal appeal
- sessions court
- procedural law
- jurisdiction
- appeal disposal
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL 936-APEAL-623-2018 (CR).DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.08.24
20:35:22 +0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 623 OF 2018
Pankaj Ravindra Bartakke : Appellant
VERSUS
Baban Tukaram Sapte And Anr : Respondents
__________________________________________________________
Mr. Prashant Kulkarni a/w Mr. Ajay Parekar for the Appellant.
Dr. A. A. Takalkar, 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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936-APEAL-623-2018 (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.623 of 2018 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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