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Bombay High Court

SANGLI DISTRICT PRIMARY TEACHERS CO-OPERATIVE BANK LTD., THROUGH SAMBHAJI TUKARAM PAWANEversusVARSHA SUNIL DESHPANDE AND ANR.

Disposal
Disposed Off

Holding

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

Summary

The appellant, Sangali District Primary Teachers Co-operative Bank Ltd., filed Criminal Appeal No. 981 of 2022 against respondents Varsha Sunil Deshpande & Anr. The appellant sought transfer of the proceedings to a Sessions Court, relying on a recent Supreme Court decision in Celestium Financial v. A. Gnanasekaran. The High Court examined the submission and ordered that the case be transferred to the appropriate Sessions Court with directions to the registrar for execution. The Sessions Court was instructed to re‑register the case, issue notices, and expedite the matter. The appeal and any interim applications were subsequently disposed of.

Issues considered

  • Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction
  • Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran is applicable for such transfer

Subjects

  • jurisdiction
  • transfer of criminal proceedings
  • sessions court
  • procedural law
  • appeal disposal

Judgment

            Digitally signed
            by
            LAXMIKANT
LAXMIKANT   GOPAL
GOPAL       CHANDAN                                                        (27) APEAL-981.22.DOCX
CHANDAN     Date:
            2026.08.27
            17:13:41
            +0530                                                                                 lgc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                             CRIMINAL APPELLATE JURISDICTION

                                               CRIMINAL APPEAL NO.981 OF 2022

                               Sangali District Primary Teachers
                               Co-operative Bank Ltd.                              : Appellant.
                                     Versus
                               Varsha Sunil Deshpande & Anr.                       : Respondents.

                               ______________________________________________________

                               Mr. Rahul Rote i/by Adv. Vijay Killedar for the Appellant.
                               Mr. S. H. Yadav, APP for the Respondent – State.
                               ______________________________________________________

                                                        CORAM : ASHWIN D. BHOBE, J.

                                                         DATED :       25 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 :-



                                                                   1
                                            (27) APEAL-981.22.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. 981 of 2022 is disposed of.

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




                                            (ASHWIN D. BHOBE, J.)




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