Sri K S Mallikarjuna v. Sri Adikesha Prakash K a
Case brief
What is this about?
CRL.A. No. 733 of 2015 (A), High Court of Karnataka at Bengaluru, Justice G Basavaraja, decided 11.02.2026: complainant's appeal under S.378(4) Cr.P.C against acquittal in C.C.No.783/14 (offence under S.138 r/w S.142 N.I. Act; JMFC 3rd Court, Davanagere; order dated 30.05.2015) disposed of by transfer to the Sessions-tier appellate court as an appeal under the proviso to S.372 Cr.P.C / S.413 BNSS, 2023; complainant treated as 'victim' per Celestium Financial v. A Gnanasekaran, 2025 SCC OnLine SC 1320, with similar-view rulings of AP, MP, Chhattisgarh and Delhi High Courts and this Court noted; records to move to Principal District & Sessions Judge; notices, pending delay-condonation applications, expeditious disposal and cause-title amendment directed; merits expressly left open.
What did the court decide?
Appeal disposed of by directing transfer: (i) Registry to transfer the entire record, including requisitioned trial-court copies, to the concerned Principal District & Sessions Judge for assignment to the competent Appellate Court; (ii) the case to be considered and numbered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 of Cr.PC); (iii) transferee court to issue notice to both parties and proceed in accordance with law; (iv) pending applications, including condonation of delay, to be transferred; (v) expeditious disposal requested; (vi) appellant permitted to amend the cause-title; (vii) expressly no observation on the merits, all rights and contentions left open.