Sri. Srinivasa Murthy v. Sri. Raghu Y.N
Negotiable Instruments Act, 1881 – S.138 – Appeal against acquittal – Complainant as 'victim'
Case brief
What is this about?
High Court of Karnataka, CRL.A No. 1009 of 2024 (G Basavaraja, J., 11-02-2026): complainant (Srinivasa Murthy) under S.138 N.I. Act, aggrieved by acquittal of respondent (Raghu Y.N) in C.C.No.400/2022 dated 27.02.2024 by the I Addl. Senior Civil Judge & JMFC, Chikkaballapura, filed appeal in the High Court under S.378(4) Cr.PC. Relying on Celestium Financial v. A Gnanasekaran (2025 SCC OnLine SC 1320) and consistent decisions of the Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Delhi High Courts and co-ordinate benches of the Karnataka High Court, the Court held the complainant is a 'victim' entitled to appeal under the proviso to S.372 CrPC (now proviso to S.413 BNSS, 2023) before the Sessions Court; appeal transferred to the Sessions Court, to be numbered as an appeal under the proviso to S.413 BNSS; disposed of with no observation on merits.
What did the court decide?
Appeal disposed of by transfer: Registry directed 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; the appeal to be considered and numbered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 Cr.PC); transferee court to issue notice to both parties and proceed in accordance with law; pending applications, including for condonation of delay, to be considered by the transferee court; expeditious disposal requested; appellant permitted to amend the cause-title and provisions thereof; no observation on merits, all rights and contentions left open.