S Prasanna v. Sridhara
Case brief
What is this about?
Victim-complainant's appeal against acquittal (S.138 NI Act) transferred from High Court of Karnataka to Sessions Court: complainant entitled to appeal under proviso to S.372 Cr.P.C. / proviso to S.413 BNSS 2023 instead of S.378(4) Cr.P.C., following Celestium Financial v. A Gnanasekaran (2025 SCC OnLine SC 1320) and similar views of the Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Delhi High Courts and the Karnataka High Court; acquittal dated 22.01.2025 in C.C.No.1301/2019 by Civil Judge & JMFC, Periyapatna; appeal disposed with directions for record transfer, notice to parties, transfer of pending applications, expeditious disposal, amendment of cause-title, and merits left open; G Basavaraja J; decided 18.12.2025; NC: 2025:KHC:55360.
What did the court decide?
Appeal disposed of with directions: (i) Registry to transfer the entire record, including requisitioned trial court records, to the concerned Principal District & Sessions Judge for assignment to the jurisdictional Appellate Court; (ii) transferee court to issue Court notice to both parties and proceed in accordance with law; (iii) pending applications, including condonation of delay, to stand transferred; (iv) Appellate Court requested to dispose of the matter expeditiously; (v) appellant permitted to amend the cause-title and provisions thereof; (vi) appeal to be considered and numbered as an appeal under the proviso to Section 413 of BNSS, 2023, with no observation on merits and all rights and contentions left open.