Bombay High Court
THE ASHTA PEOPLES CO OPERATIVE BANK LTDversusBALASO MARUTI KAMBLE AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the proceedings fall within the jurisdiction of the Sessions Court and ordered their transfer.
Summary
The appellant, Ashta Peoples Co Operative Bank Ltd, filed a criminal appeal against Balaso Maruti Kamble and another, but neither the appellant nor its counsel appeared before the Court. The respondent's counsel, Mr. C. D. Mali, relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The High Court examined the jurisdictional issue and concluded that the proceedings indeed fall within the Sessions Court’s domain. Consequently, the Court ordered the transfer of the case to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register 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
- Whether the High Court has authority to order such a transfer under the applicable procedural law
Subjects
- jurisdiction
- transfer of criminal proceedings
- sessions court
- appeal disposal
- procedural law
Judgment
22-APEAL-718-2012 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 718 OF 2012
The Ashta Peoples Co Operative Bank Ltd … Appellant
Versus
Balaso Maruti Kamble And Anr. … Respondents
——————
None for the Appellant.
Mr. C. D. Mali, APP for the Respondent – State.
——————
Coram : ASHWIN D. BHOBE, J.
Date: 17th September 2026.
PER COURT :
1. When this matter was called out, neither the Appellant nor the
Advocate for the Appellant were present in Court either physically or through
V. C. mode.
2. Mr. C. D. Mali, 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 :-
Arjun 1
22-APEAL-718-2012 (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. 718 of 2012 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
11:18:46
+0530
Arjun 2
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