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Bombay High Court

SADASHIV NARAYAN JAMBHALEversusMAHADEV RAMCHANDRA DESHMUKH AND ANR

Disposal
Disposed Off

Holding

The High Court held that the criminal appeal must be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Sadashiv Narayan Jambhale, filed Criminal Appeal No. 793 of 2015 before the Bombay High Court, but neither he nor his counsel appeared. The State, represented by Advocate S. H. Yadav, moved that the proceedings be transferred to the Sessions Court having jurisdiction, relying on the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320). The High Court examined the jurisdictional issue and agreed that the matter should be heard by the Sessions Court. Accordingly, the Court ordered the transfer of the proceedings, directed the Registrar to effect the transfer, and instructed the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were subsequently disposed of.

Issues considered

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

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • High Court
  • Sessions Court
  • criminal appeal
  • procedural law

Judgment

          Digitally signed
          by LAXMIKANT
LAXMIKANT GOPAL
GOPAL     CHANDAN                                                 15) APEAL-793.15 (CR).DOCX
CHANDAN   Date:
          2026.08.24
          19:47:27 +0530
                                                                                                lgc
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                        CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL APPEAL NO. 793 OF 2015

                         Sadashiv Narayan Jambhale                                : Appellant
                              VERSUS
                         Mahadev Ramchandra Deshmukh And Anr                  : Respondents

                         ______________________________________________________

                         None for the Appellant.
                         Mr. S. H. Yadav, APP for the Respondent – State.
                         ______________________________________________________

                                                   CORAM : ASHWIN D. BHOBE, J.

                                                    DATED : 24 AUGUST 2026
                         PC:-



                         1.      When this matter is called out, neither the Appellant nor the
                         Advocate for the Appellant are present physically or through V. C.
                         mode.

                         2.      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 :-




                                                             1
                                          15) APEAL-793.15 (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. 793 of 2015 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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