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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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