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Bombay High Court

SANTOSH KRISHANA WAGHMODEversusGANESH BABAN KUMBHAR AND ANR

Disposal
Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

In Criminal Appeal No. 762 of 2018, the appellant Santosh Krishana Waghmode sought relief against respondents Ganesh Baban Kumbhar and others. The parties argued, relying on the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), that the matter should be heard by a Sessions Court having jurisdiction. The High Court agreed and ordered the transfer of the proceedings to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The Court also directed the parties to cooperate for early disposal. Consequently, the appeal and any interim applications were disposed of.

Issues considered

  • Whether the High Court has jurisdiction to hear the criminal appeal or it should be transferred to a Sessions Court having jurisdiction
  • Whether the Supreme Court precedent in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • appellate jurisdiction
  • expeditious disposal

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN
GOPAL       Date:                                                    938-APEAL-762-2018 (CR).DOCX
CHANDAN     2026.08.24
            18:38:40
            +0530
                                                                                                   lgc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                             CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPEAL NO. 762 OF 2018

                               Santosh Krishana Waghmode                             : Appellant
                                     VERSUS
                               Ganesh Baban Kumbhar And Anr                        : Respondents

                               __________________________________________________________

                               Mr. Mohan M Chavan i/by Adv. Rajaram V Bansode for the
                               Appellant.
                               Mr. S. H. Yadav, 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 :-



                                                                 1
                                       938-APEAL-762-2018 (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. 762 of 2018 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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