DR. JALLINDAR TATYASAHEB POL v. DR. PRAVIN VASANTRAO KADAM AND ANR
APEAL/492/2009 · 2026-10-16
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 20698 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20698 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
238-APEAL-492-2009 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 492 OF 2009 Dr. Jallindar Tatyasaheb Pol ... Appellant VERSUS Dr. Pravin Vasantrao Kadam & Anr ... Respondents … Mr. V. S. Talkute, Advocate for Appellant. Mr. Dattatraya Devkar i/by Mr. Milind Deshmukh, Advocate for Respondent No. 1. Mr. Anand S. Shalgaonkar, APP for Respondent No. 2-State. … CORAM : ABHAY J. MANTRI, J. DATE : OCTOBER 16, 2026 PER COURT :
1. Learned Advocate for the Appellant, learned Advocate for the Respondent No. 1 and learned APP for the Respondent No. 2-State submit that this is an Appeal against the acquittal order passed by the learned 2nd Jt. Judicial Magistrate First Class, Phaltan, District Satara, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. They further submit that, in view of the law laid down by the Hon’ble Supreme Court in Celestium Financial vs. A. Gnanasekaran etc., [2025 SCC OnLine SC 1320] (for short, “Celestium”), the appeal would lie before the learned Sessions Court having jurisdiction to try and entertain the same and therefore urge that the matter be transferred to said Court. Shubham p. 2 TALLE SHUBHAM ASHOKRAO Digitally signed by TALLE SHUBHAM ASHOKRAO Date: 2026.10.17 19:40:01 +0530
238-APEAL-492-2009 (CR).doc
3. In view of the above submissions and the law laid down by the Hon’ble Supreme Court in Celestium (supra), I deem it appropriate to transfer the Appeal to the learned Sessions Court, Satara, which has the jurisdiction to try and entertain the appeal. 4. Consequently, the present Appeal, along with the Record and Proceedings, if received, is to be transferred to the learned Sessions Court, Satara. (If the Record and Proceedings are lying with the Principal Seat at Bombay, in that case also transfer them to the concerned Sessions Court.)
5. The Officer on Special Duty/Incharge Registrar (J), Circuit Bench at Kolhapur, is directed to take appropriate steps to transfer this matter/proceeding to the learned Sessions Court, Satara. 6. Having considered the pendency of this Appeal since 2009, the learned Sessions Court is directed to make an endeavour to dispose of the matter/proceeding as expeditiously as possible. 7. In view of the above, no case/matter is pending before this Court; accordingly, this Court has disposed of this proceeding. 8. Interim Application/s, if any, pending also stands disposed of. 9.
Inform the concerned Sessions Court accordingly. (ABHAY J. MANTRI, J.) Shubham