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 :-
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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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