Sri.v.N.Shivananda v. Smt.Indra
Case brief
What is this about?
Karnataka HC, CRL.A No. 1039 of 2025, G Basavaraja J, 21.01.2026. Complainant's appeal under S.378(4) CrPC / S.419(4) BNSS against acquittal dated 03.02.2025 in C.C.No.2178/2019 (1st Addl. CJ & JMFC, Maddur) for offence under S.138 NI Act. Following Celestium Financial v. A Gnanasekaran, 2025 SCC OnLine SC 1320 (victim-complainant may appeal under proviso to S.372 CrPC), appeal transferred to Sessions Court to be treated/numbered under proviso to S.413 BNSS 2023; also citing Charbel India (AP HC), Manorama Kankane, Urmit Madrah, Late Kisan Sewa Kendra (MP HC), Neelam Sahu, Kirti Kurian (Chhattisgarh HC), Sidagondappa, T.H. Lenkappa, Ananya Enterprises (Karnataka HC), D.K. Associates (Delhi HC). No merits observations; rights left open; no compensation awarded despite prayer.
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, including condonation of delay, to be transferred and considered by the transferee Court; (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 one under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 Cr.P.C), with no observations on merits and all rights and contentions left open.