Bombay High Court
PRITHVIRAJ JAYCHAND OSWALversusNEELA SHASHIKANT KULKARNI AND ANR
- Disposal
- Disposed Off
Holding
The High Court ordered that the criminal appeal be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Prithviraj Jaychand Oswal, was absent when the matter was called before the Bombay High Court, Kolhapur Bench. The State’s counsel, citing the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the criminal appeal should be heard by the Sessions Court having jurisdiction. The High Court agreed and ordered the transfer of the proceedings 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 appeal and any interim applications were disposed of. The order emphasizes procedural compliance for jurisdictional transfer in criminal matters.
Issues considered
- What is the appropriate forum for hearing Criminal Appeal No. 939 of 2015 – the High Court or the Sessions Court having jurisdiction?
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- High Court
- Sessions Court
- procedural order
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN 19) APEAL-939.15 (CR).DOCX
CHANDAN Date:
2026.08.24
19:47:28 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 939 OF 2015
Prithviraj Jaychand Oswal : Appellant
VERSUS
Neela Shashikant Kulkarni And Anr : Respondents
______________________________________________________
None for the Appellant.
Mr. S. S. Choudhari, 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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19) APEAL-939.15 (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. 939 of 2015 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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