Parashuram S/O Krishnappa v. Nagaraj S/O Timmappa Navali
Negotiable Instruments Act, S.138 – Acquittal by JMFC – Appeal by complainant under S.378(4) CrPC before High Court
Case brief
What is this about?
Complainant's appeal against acquittal in S.138 NI Act cheque case (CC 298/2018, II Addl. Civil Judge & JMFC II, Gadag; acquittal 17.10.2022) filed under S.378(4) CrPC held NOT MAINTAINABLE before High Court; victim-complainant to invoke proviso to S.372 CrPC before Sessions Court per Celestium Financial v. A. Gnanasekaran, 2025 SCC Online SC 1320; appeal transferred to Sessions Court, parties to appear 13.01.2026, papers to be transmitted, disposed of statistically. HC-Karnataka, Dharwad, CRL.A No. 100006 of 2023, S. Rachaiah J., 26.11.2025, NC: 2025:KHC-D:16475.
What did the court decide?
No conviction; no substantive relief on merits. The appeal was held not maintainable before the High Court and was transferred to the jurisdictional Appellate Court/Sessions Court. Parties directed to appear before the jurisdictional Appellate Court/Sessions Court on 13.01.2026 without further notice; the Registry to transmit the entire appeal papers including the appeal memo to that Court; learned counsel for the appellant at liberty to carry out amendments in the cause title and provisions thereof; for statistical purposes the appeal stands disposed off.