Bombay High Court

AMIT ANANDRAO PAWARversusNAMRATA ROWNAK BHOSALE @ NAMRATA KUNDLIK NAIK AND ANR

Disposal: Disposed Off

Holding

The proceeding is transferred to the Sessions Court having jurisdiction.

Summary

The appellant Amit Anandrao Pawar and his counsel were absent when the matter was called. The State’s counsel, S. S. Chaudhari, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the criminal appeal should be heard by a Sessions Court having jurisdiction. The High Court agreed and ordered the transfer of the proceeding 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, Criminal Appeal No. 859 of 2018 and any interim applications were disposed of.

Issues considered

Whether the High Court has jurisdiction to entertain the criminal appeal.
Whether the proceeding should be transferred to the Sessions Court having jurisdiction.

Subjects

jurisdiction
transfer of criminal proceedings
sessions court
appellate jurisdiction
procedural order

Judgment

1/2
502-APEAL-859-2018(CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.859 OF 2018

Amit Anandrao Pawar ….Appellant
VERSUS
Namrata Rownak Bhosalw @
Namrata Kundlik Naik Anr. ....Respondents

_________________________________________________________________

None for Appellant.
Mr. S. S. Chaudhari, APP, for the Respondent-State.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
Digitally
signed by
SHANTANU
SHANTANU
SHANKARSA
SHANKARSA
DHUDUM DATE : 24th SEPTEMBER, 2026.
DHUDUM Date:
2026.09.24
18:40:15
+0530 P.C.

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 this proceeding would now lay before the Sessions Court having

jurisdiction. He therefore submits that this proceeding be transferred to

the Sessions Court having jurisdiction.

3. In view of the above, the following order is passed :-

Shantanu S. Dhudum
2/2
502-APEAL-859-2018(CR).DOC

(i) The present proceeding be transferred to the Sessions Court,

having jurisdiction;

(ii) The Registrar (Judicial) of this Court to take appropriate steps

for transferring this proceeding to the Sessions Court, having

jurisdiction;

(iii) The Sessions Court, to which this proceeding would be

transferred or assigned, after re-registration of the same, shall

issue notice to the parties to the said proceeding 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

this proceeding 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.859 of 2018 is disposed of.

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

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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