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Bombay High Court

LAXMAN SAVALA CHAVAREversusSANTOSH PRALHAD SUTAR AND ANR

Disposal
Disposed Off

Holding

The appeal is to be transferred to the Sessions Court having jurisdiction.

Summary

The appellant Laxman Savala Chavare filed a criminal appeal before the Bombay High Court. Both parties, relying on a recent Supreme Court decision (Celestium Financial v. A. Gnanasekaran, 2025), argued that the matter should be heard by the Sessions Court having jurisdiction. The High Court, after hearing counsel, ordered that the proceedings be transferred to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, notify the parties, and expedite the case. The High Court also directed cooperation for early disposal. The appeal and any interim applications were thereafter disposed of.

Issues considered

  • Whether the High Court should retain jurisdiction over the criminal appeal or transfer the proceedings to the Sessions Court having jurisdiction.

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • criminal appeal
  • high court order

Judgment

            Digitally signed
            by LAXMIKANT
            GOPAL
LAXMIKANT   CHANDAN
GOPAL       Date:                                                    912-APEAL-838-2014 (CR).DOCX
CHANDAN     2026.08.24
            18:38:34
            +0530
                                                                                                    lgc

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

                                               CRIMINAL APPEAL NO. 838 OF 2014

                               Laxman Savala Chavare                                  : Appellant
                                     VERSUS
                               Santosh Pralhad Sutar And Anr                          : Respondents

                               __________________________________________________________

                               Mr. Vishwanath Talkute a/w Advocates Mahesh Bhosale, Shivaji
                               Kokare and Sampada Patil for the Appellant.
                               Mr. Nitin B Patil 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
                                       912-APEAL-838-2014 (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.838 of 2014 is disposed of.

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




                                             (ASHWIN D. BHOBE, J.)




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