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 :-
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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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