Nagendra. B. v. Chaithanya K. S.
Case brief
What is this about?
Complainant's appeal against acquittal in a Section 138, Negotiable Instruments Act, 1881 case; victim's right of appeal under the proviso to Section 372 CrPC versus Section 378(4) CrPC; proviso to Section 413 of BNSS, 2023; transfer of criminal appeal from the High Court to the Sessions/Appellate Court; CELESTIUM FINANCIAL v. A GNANASEKARAN, 2025 SCC ONLINE SC 1320; CRL.A No. 1626 of 2023; High Court of Karnataka; Justice G Basavaraja; decided 11.12.2025; acquittal in C.C.No.450/2019, III Additional Civil Judge and JMFC, Davanagere; appeal disposed of by transfer with record to Principal District & Sessions Judge.
What did the court decide?
Appeal disposed of with directions: (i) Registry to transfer the entire record, including requisitioned copies of trial court records, to the concerned Principal District & Sessions Judge for assignment to the jurisdictional Appellate Court, the appeal to be considered and numbered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 of Cr.PC); (ii) transferee court to issue court notice to both parties and proceed in accordance with law; (iii) pending applications, including any for condonation of delay, to be transferred and considered by the transferee court; (iv) Appellate Court requested to dispose of the matter expeditiously; (v) appellant permitted to carry out necessary amendment in the cause-title and provisions thereof; (vi) no observation made on the merits, all rights and contentions of the parties left open.