Bombay High Court

DATTA DIGAMBAR NAGARI SAHAKARI PATSANSHA MARYADIT PHALTAN THORUGH GENERAL MANAGAR VILAS SHRAVAN SHIversusKISAN MARUTI DHAIGUDE AND ANR

Disposal: Disposed Off

Holding

The proceedings are to be transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Datta Digambar Nagari Sahakari Patsansha, filed a criminal appeal challenging the jurisdiction of the High Court. The appellant and the State argued that, following the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), the matter should be heard by a Sessions Court with appropriate jurisdiction. The learned counsel for both parties relied on that precedent to seek transfer of the proceedings. Justice Ashwin D. Bhope ordered that the case be transferred to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register 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.

Subjects

jurisdiction
transfer of proceedings
criminal procedure
sessions court
appellate jurisdiction

Judgment

31-APEAL-987-2014 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 987 OF 2014

Datta Digambar Nagari Sahakari Patsansha … Appellant
Maryadit Phaltan Thorugh General Manager
Vilas Shravan Shi
Versus
Kisan Maruti Dhaigude And Anr. … Respondents

——————
Mr. Dhananjay Rananaware a/w Samarth Chawan and Shubham Dhabule,
Advocate for the Appellant.
Mr. C. D. Mali, APP for the Respondent – State.
——————

Coram : ASHWIN D. BHOBE, J.

Date: 17th September 2026.

PER COURT :

1. Heard Mr. Dhananjay Rananaware, learned Advocate for the Appellant

and Mr. C. D. Mali, 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 :-

Arjun 1
31-APEAL-987-2014 (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. 987 of 2014 is disposed of.

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

[ ASHWIN D. BHOBE, J. ]

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
11:32:15
+0530

Arjun 2

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