Bombay High Court
VITTHAL NAMDEV KOREversusSARFARAJ NAGNATH KAMBALE 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, Vitthal Namdev Kore, filed a criminal appeal (No. 980 of 2022) before the Bombay High Court, Circuit Bench at Kolhapur, against respondents Sarfaraj Nagnath Kambale and another. The appellant's counsel, citing the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matter should be heard by the Sessions Court having territorial jurisdiction. The High Court considered the submission and ordered that the proceedings be transferred to the appropriate Sessions Court. The Court directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. Consequently, the criminal appeal and any interim applications were disposed of, with the case now pending before the Sessions Court.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or should it be transferred to the Sessions Court having territorial jurisdiction
- Whether the transfer of the proceedings to the Sessions Court is appropriate under applicable law
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- high court order
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: 947-APEAL-980-2022 (CR).DOCX
CHANDAN 2026.08.24
18:38:41
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 980 OF 2022
Vitthal Namdev Kore : Appellant
VERSUS
Sarfaraj Nagnath Kambale And Anr. : Respondents
__________________________________________________________
Mr. Mervin Bardeskar i/by Adv. Ritesh M. Thobde for the
Appellant.
Ms. Mahalakshmi Ganapathy, APP 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 :-
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947-APEAL-980-2022 (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. 980 of 2022 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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