Bombay High Court
SHANKAR JAYWANT PATANKARversusSADASHIV BHANUDAS JADHAV AND ANR.
- Disposal
- Disposed Off
Holding
The proceedings are to be transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Shankar Jaywant Patankar, failed to appear before the Bombay High Court, Kolhapur Bench, for Criminal Appeal No. 970 of 2022. The State, represented by Advocate Nitin B. Patil, cited the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The Court examined whether the appellate jurisdiction of the High Court was proper or whether a transfer was mandated by the precedent. Relying on the Supreme Court ruling, the Court ordered the transfer of the proceedings to the competent Sessions Court. The order also directed the Sessions Court to re‑register the case, issue notices, and expedite the trial, while disposing of the appeal and any interim applications.
Issues considered
- Whether the High Court has jurisdiction to continue hearing Criminal Appeal No. 970 of 2022 or should transfer it to a Sessions Court with jurisdiction as per the Supreme Court precedent.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN (26) APEAL-970.22.DOCX
GOPAL Date:
CHANDAN 2026.08.27
17:17:59
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.970 OF 2022
Shankar Jaywant Patankar : Appellant.
Versus
Sadashiv Bhanudas Jadhav & anr. : Respondents.
______________________________________________________
None for the Appellant.
Mr. Nitin B Patil, 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. 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 :-
1
(26) APEAL-970.22.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. 970 of 2022 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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