Ramegowda v. Shankara
Case brief
What is this about?
Victim/complainant appeal against acquittal under Section 138 NI Act; proper route is proviso to Section 372 CrPC (now proviso to Section 413 BNSS 2023) rather than Section 378(4); transfer of mis-routed appeal to Sessions appellate court; Celestium Financial v. A Gnanasekaran 2025 SCC OnLine SC 1320 relied upon; corroborated by Charbel India (AP HC), Manorama Kankane, Lata Kisan Sewa Kendra, Urmit Madrah (MP HC), Neelam Sahu, Kirti Kurian (Chattisgarh HC), Sidagondappa, T.H. Lenkappa, Ananya Enterprises (Karnataka HC), D.K. Associates (Delhi HC); Karnataka High Court, Bengaluru; CRL.A No. 41 of 2022; NC: 2025:KHC:51398; Hunsur/Mysuru; judgment dated 05.12.2025.
What did the court decide?
Appeal 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; 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 in accordance with law; pending applications (including condonation of delay) transferred for consideration; appellate court requested to dispose expeditiously; appellant permitted to amend the cause-title and provisions thereof; no merits observations, rights and contentions left open.