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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