Sri. S. v. Babu v M/S. S.R.R. Home
Case brief
What is this about?
Karnataka HC criminal appeal disposed by transfer: complainant-as-victim right to appeal against acquittal under S.138 NI Act; proviso to S.372 CrPC preferred over S.378(4) CrPC / S.419(4) BNSS; renumbering as appeal under proviso to S.413 BNSS 2023 before Sessions appellate court; follows Celestium Financial v. A Gnanasekaran 2025 SCC OnLine SC 1320; similar views in Charbel India (AP HC), Manorama Kankane, Lata Kisan Sewa Kendra, Urmit Madra (MP), Neelam Sahu, Kirti Kurian (Chhattisgarh), Sidagondappa, T.H. Lenkappa, Ananya Enterprises (Karnataka), D.K. Associates (Delhi); acquittal dated 12.11.2024 by XIII ACJM Bengaluru in CC 12867/2019; cheque amount Rs.30,00,000 with 18% interest sought; merits left open; judge G Basavaraja; decided 17.12.2025.
What did the court decide?
Appeal stands disposed of by directing the 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, to be considered and numbered as an appeal under the proviso to Section 413 BNSS, 2023; the transferee court to issue court notice to both parties and proceed according to law; pending applications including condonation of delay also transferred; expeditious disposal requested; appellant permitted to amend the cause-title and provisions; no observation on merits, rights and contentions left open.