Bombay High Court

VASANT VAMAN KHADILKARversusVINAYAK RAMCHANDRA VAISHYAMPAYAN AND ANR

Disposal: Disposed Off

Holding

The High Court ordered the transfer of the proceedings to the Sessions Court having jurisdiction.

Summary

The appellant, Vasant Vaman Khadilkar, appealed against the respondent, Vinayak Ramchandra Vaishyampayan, before the Bombay High Court. Both parties, citing the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the criminal proceedings should be heard by the Sessions Court having jurisdiction. The High Court, after considering the submissions, 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, issue notices, and expedite the case. The court also directed the parties to cooperate for early disposal. Consequently, the criminal appeal and any interim applications were disposed of.

Issues considered

Whether the High Court has jurisdiction to continue the criminal proceedings or should transfer them to the Sessions Court having jurisdiction.

Subjects

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

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN (9) APEAL-917.13.DOCX
CHANDAN Date:
2026.08.25
16:27:05 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 917 OF 2013

Vasant Vaman Khadilkar : Appellant.
Versus
Vinayak Ramchandra Vaishyampayan
Prop Vins Commercial & Anr : Respondents.

______________________________________________________

Mr. Abhijit Pasale a./w Mr. Shreyas Karajgar i/by Mr. Amit Sale for
the Appellant.
Ms. Kirthika Kumaresan (Through V. C.) for Respondent No.1.
Mr. Chandrakant D. Mali, APP for the Respondent – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 25 AUGUST 2026
PC:-

1. Heard learned Advocate for the Appellant, learned Advocate
for the Respondent No.1 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.

1
(9) APEAL-917.13.DOCX

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

(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. 917 of 2013 is disposed of.

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

(ASHWIN D. BHOBE, J.)

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