Sri Shivakumar Vs Sri Vijaykumar — Cheque Dishonour | Karnataka HC (2025)

Sri Shivakumar Vs Sri Vijaykumar — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Transfer/remittance of the appeal, with its records, to the jurisdictional District and Sessions Appellate Court for decision on merits; no merits adjudication by this Court; parties to appear without further notice; liberty to amend the appeal, invoke the appropriate statutory provision and file fresh applications.

Issue for consideration

Whether the High Court is the competent appellate forum for the complainant/victim's appeal against the order of acquittal, or whether the appeal lies before the jurisdictional District and Sessions (appellate) Court. +1 more

Court's answer

The present appeal, instituted before this Court, is required to be transferred to the competent appellate forum, namely the learned District and Sessions Court (appellate Court) having jurisdiction.

Ratio / Principle

Accordingly, the appeal deserves to be remitted to the said Court (the District and Sessions Court having jurisdiction) for consideration on merits.

Key takeaways

The Registry is directed to forthwith transmit the entire appeal records, including the memorandum of appeal, to the Jurisdictional District and Sessions Appellate Court.ratio¶51
Both parties, represented through their respective counsel, are directed to appear before the learned District and Sessions Appellate Court (on the date stated in the order; numerals illegible) without awaiting any further notice from the said Court.ratio¶43
The learned counsel for the appellant is at liberty to carry out necessary amendments to the appeal and to invoke the appropriate statutory provision after the papers are received and numbered by the District and Sessions Appellate Court.ratio

Detailed headnote1 paragraphs

CORRUPTED-SOURCE CAUTION: the supplied text is systematically character-corrupted (mojibake); the operative portion (paras 28-53) was recoverable by decipherment and reads as follows. A complainant/victim filed an appeal before the High Court of Karnataka assailing an order of acquittal passed by a learned Additional Civil Judge (further designation/place illegible) in a proceeding for an offence under the Negotiable Instruments Act (section number illegible). Placing reliance on the authoritative view - recorded as subsequently followed by the Delhi High Court (citation illegible) - that a complainant/victim has an independent statutory remedy under the Code of Criminal Procedure (section and year illegible) to challenge an acquittal by appeal before the jurisdictional District and Sessions Court, this Court held (para 42) that the appeal, instituted before it, was required to be transferred to the competent appellate forum, viz. the learned District and Sessions Court (appellate Court) having jurisdiction, and deserved remittance for consideration on merits. Directions: the Registry to transmit the entire appeal records including the memorandum of appeal to the Jurisdictional District and Sessions Appellate Court; both parties, through counsel, to appear on the stated date (numerals illegible) without awaiting further notice; the appellant at liberty to carry out necessary amendments and invoke the appropriate statutory provision after the papers are received and numbered; and, for statistical purposes, the appeal stands disposed of, with the applications seeking condonation of delay and special leave likewise remitted to the court below and liberty reserved to file fresh applications. Case number, dates, coram, party/advocate names and the relied-upon precedent's identity are illegible in the source.