Bombay High Court

THE ICHALKARANJI MERCHANTS CO-OPERATIVE BANK LTD.versusSANDEEP CHANDRASHEKHAR SAVDIMATH AND ANR

Disposal: Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

The High Court of Bombay, Kolhapur Circuit Bench, heard Criminal Appeal No. 817 of 2012 filed by The Ichalkaranji Merchants Co-operative Bank Ltd. The appellant was absent, and no counsel appeared. The respondent State, through Dr. A. A. Takalkar, cited the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The Court agreed and ordered the transfer of the proceedings to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were consequently disposed of.

Issues considered

Whether the High Court has jurisdiction to continue the criminal appeal or should transfer it to a Sessions Court with appropriate jurisdiction.

Subjects

jurisdiction
transfer of proceedings
criminal appeal
sessions court
procedural law

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (6) APEAL-817.12.DOCX
CHANDAN Date:
2026.08.25
16:33:20 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 817 OF 2012

The Ichalkaranji Merchants
Coo-operative Bank Ltd. : Appellant.
Versus
Sandeep Chandrashekhar Savdimath & Anr. : Respondents.

______________________________________________________

None for the Appellant.
Dr. A. A. Takalkar, APP for the Respondent – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 25 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. She 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
(6) APEAL-817.12.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. 817 of 2012 is disposed of.

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

(ASHWIN D. BHOBE, J.)

Continue reading with your account

Checking your session…