Mrs. Naseema Hameed v. Mr. John Nesa Kumar
Case brief
What is this about?
Route-of-appeal case: complainant/victim appeal against acquittal under S.138 NI Act - S.378(4) Cr.P.C. versus proviso to S.372 Cr.P.C. (proviso to S.413 BNSS, 2023); Celestium Financial v. A Gnanasekaran (2025 SCC OnLine SC 1320) relied on; survey of matching 2025 decisions of the Andhra Pradesh, Madhya Pradesh, Chattisgarh and Delhi High Courts and Karnataka HC benches; disposal by transfer to the Sessions appellate court with renumbering under the proviso to S.413 BNSS; no merits decided. Useful for maintainability of complainant appeals post-Celestium and transfer practice in Karnataka.
What did the court decide?
Appeal stands disposed of by transfer (not decided on merits): (i) Registry directed to transfer the entire record, including requisitioned trial-court copies, to the concerned Principal District & Sessions Judge for assignment to the concerned 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 other applications also transferred for consideration by the transferee Court; (iv) Appellate Court requested to dispose of the matter expeditiously; (v) appellant permitted to amend the cause-title and the provisions thereof; (vi) no observations on merits; all rights and contentions left open.