Sri C K Hanumanthegowda v. Sri T S Ramakrishna
Case brief
What is this about?
Karnataka High Court, Bengaluru; CRL.A No. 692 of 2017; G Basavaraja, J.; decided 19-01-2026. Complainant's appeal under S.378(4) Cr.P.C. against acquittal under S.138 N.I. Act (C.C.No.156/2016, Senior Civil Judge & JMFC, Periyapatna). Court, 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 coordinate benches, held the complainant is a 'victim' entitled to appeal before the Sessions Court under proviso to S.372 Cr.P.C. / proviso to S.413 BNSS 2023. Appeal disposed of with transfer of record to Sessions Court; notice to parties; pending applications transferred; liberty to amend cause-title; no merits observations, rights left open.
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 Court for assignment to the appellate Court of Sessions having jurisdiction, to be considered and numbered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 Cr.P.C.); transferee Court to issue Court notice to both parties and proceed in accordance with law; pending applications for condonation of delay or otherwise also transferred; expeditious disposal requested; appellant permitted to amend the cause-title and provisions thereof; no observations on merits, all rights and contentions of the parties left open