High Court of Karnataka disposed of a Criminal Appeal under Section 378(4) Cr.P.C. against an acquittal, referring to an Apex Court decision, and transferred the case to the concerned District Court for final disposal.
Appeal disposed of; case transferred to concerned District Court for disposal.
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HC-KAR
NC: 2026:KHC:50074 CRL.A No. 1479 of 2024
CNR: KAHC010447822024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1479 OF 2024 (A)
BETWEEN:
…APPELLANT
(BY SRI. NEHRU P.,ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
…RESPONDENT
(RESPONDENT IS SERVED BUT UNREPRESENTED.)
CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER AND JUDGMENT OF ACQUITTAL PASSED BY THE XXXIII ACJM, MAYO HALL UNIT, BENGALURU IN C.C.NO.50757/2020 DATED 03.07.2024 AND CONVICT THE RESPONDENT WITH MAXIMUM SENTENCE AND FINE AND AWARD SUFFICIENT COMPENSATION TO THE APPELLANT OUT OF FINE AMOUNT IMPOSED ON THE RESPONDENT.
HC-KAR
NC: 2026:KHC:50074 CRL.A No. 1479 of 2024
CNR: KAHC010447822024
THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo.
Same reads as under:
" M E M O
The appellant in the above appeal respectfully submits that aggrieved by the order passed by the XXXIII Additional Chief Judicial Magistrate, Mayohall Unit, Bengaluru, C.C.No.50757/2020 dated 03.07.2024, we had preferred the above appeal before this Hon'ble Court. As per the Apex Court decision in Celestium Finance V/s A.Gnansekaran etc., reported in 2025 SCC online SC 1320, hence, the above appeal may be transferred to the learned Principal Judge, City Civil & Sessions Court, to decide the same to meet the ends of justice."
Memo is taken on record.
In view of Memo and keeping in mind the judgment
of the Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC
HC-KAR
CNR: KAHC010447822024
ONLINE SC 1320, this appeal stands disposed of
transferring the case to concerned District Court for disposal in accordance with law.
The Registry is directed to send copy of this judgment along with Trial Court Records to the concerned Court.
The concerned Principal District and Sessions Judge, is directed to issue notice to both parties and fix the date to appear before the Court.
Sd/(G BASAVARAJA) JUDGE
DHA LIST NO.: 1 SL NO.: 25
1 issue framed by the court
Whether the Criminal Appeal should be transferred to the Principal District and Sessions Court for disposal on interlocutory proceedings.
Colour shows how this judgement treated each authority
CELESTIUM FINANCIAL v. A GNANASEKARAN ETC.Referred¶30
2025 SCC online SC 1320 · Who else cites this
MR. S CHANDRA SEKHARAN
SMT.ANUSHA
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
