Smt Shubha v. Prasanna Kumar S D
Case brief
What is this about?
Karnataka HC (Bengaluru), Justice G Basavaraja, CRL.A No. 793 of 2020, decided 15-12-2025. Complainant Smt. Shubha appealed under S.378(4) Cr.P.C. against acquittal dated 30.10.2019 of respondent Prasanna Kumar S D in C.C.No.2309/2018 (Principal Civil Judge & J.M.F.C., Shivamogga) for an offence punishable under S.138 N.I. Act. Relying on Celestium Financial v. A Gnanasekaran (2025 SCC OnLine SC 1320) and similar rulings from the AP, MP, Chhattisgarh and Delhi High Courts and Karnataka benches (incl. Sidagondappa v. Shafi Ahamad; Ananya Enterprises), the court held a complainant-victim may appeal against acquittal under the proviso to S.372 Cr.P.C., now the proviso to S.413 BNSS 2023. Appeal disposed of by transfer to the Sessions appellate court for renumbering accordingly; no merits findings.
What did the court decide?
Appeal disposed of with directions: (i) Registry to transfer the entire record, including requisitioned trial court copies, to the concerned Principal District & Sessions Judge for assignment to the appellate court having jurisdiction; (ii) transferee court to issue court notice to both parties and proceed in accordance with law; (iii) pending applications for condonation of delay or otherwise also to be transferred; (iv) appellate court requested to dispose of the matter expeditiously; (v) appellant permitted to amend the cause-title and provisions thereof; (vi) no observation on merits, rights and contentions left open.