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2018 DAILYLAW 3520 (BOM)

VIJAYKUMAR BHUPAL KAVATHEKAR v. NEMGONDA PIRGONDA PATIL AND ANR

APEAL/1034/2018 · 2026-08-21

Criminal Appealbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

941-APEAL-1034-2018 (CR).DOCX lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1034 OF 2018 Vijaykumar Bhupal Kavathekar : Appellant VERSUS Nemgonda Pirgonda Patil And Anr : Respondents __________________________________________________________ None for the Appellant. Mr. Rahul Rote i/by Adv. Vijay Killedar for Respondent No.1. Ms. Mahalakshmi Ganapathy, APP for the Respondent – State. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATED : 21 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 Advocate for the Respondent No.1 and 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, submit that these proceedings would now lay before the Sessions Court having jurisdiction. They therefore submit that these proceedings be transferred to the Sessions Court having jurisdiction. 3. In view of the above, the following order is passed :- 1 LAXMIKANT GOPAL CHANDAN Digitally signed by LAXMIKANT GOPAL CHANDAN Date: 2026.08.24 19:31:26 +0530 941-APEAL-1034-2018 (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.1034 of 2018 is disposed of. 5. Interim Application, if any, is also disposed of. (ASHWIN D. BHOBE, J.) 2