Sri B Umesh v. Smt Sharadamma
Criminal Appeal against acquittal – complainant in S.138 NI Act case as 'victim'
Case brief
What is this about?
S.138 NI Act cheque dishonour acquittal appeal; maintainability and forum of complainant's appeal as 'victim'; proviso to Section 372 CrPC versus S.378(4) CrPC; proviso to Section 413 BNSS 2023; transfer of appeal from High Court to Sessions appellate court; Celestium Financial v. A Gnanasekaran (2025 SCC OnLine SC 1320) followed, with similar views relied on from Charbel India (AP), Manorama Kankane and Lata Kisan Sewa Kendra (MP), Urmit Madrah, Neelam Sahu, Kirti Kurian (Chhattisgarh), D.K. Associates (Delhi), Sidagondappa, T.H. Lenkappa and Ananya Enterprises (Karnataka HC); CRL.A No. 147 of 2017; High Court of Karnataka; G Basavaraja J.; decided 18.12.2025; acquittal of 23.12.2016 in CC No.29937/2015 (XV ACMM, Bangalore).
What did the court decide?
Appeal disposed of with directions: Registry to transfer the entire record (including requisitioned trial court copies) to the concerned Principal District & Sessions Judge for assignment to the jurisdictional Appellate Court; appeal to be treated/numbered as one under the proviso to Section 413 BNSS 2023; transferee court to issue notice to both parties and proceed per law; pending applications (including condonation of delay) to be transferred and considered per law; expeditious disposal requested; appellant permitted to amend cause-title; no merits observations, rights and contentions left open.