Karnataka High Court
CRL.A/993/2015 of SRI TYAGARAJANAGAR CREDIT CO OP SOCIETY LTD Vs SMT ROSELINE PRABHAVATHY on 6 October 2026
2026:KHC:55575
CNR: KAHC010388192015 NC: 2026:KHC:55575 CRL.A No. 993 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 993 OF 2015 ( A ) BETWEEN: SRI TYAGARAJANAGAR CREDIT CO OP SOCIETY LTD.,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 993 OF 2015 (A)
BETWEEN:
SRI TYAGARAJANAGAR CREDIT CO OP SOCIETY LTD., REPRESENTED BY ITS SECRETARY, SMT. K. NAGARATHNA, HINDU, MAJOR
NO.258/1, 1ST FLOOR, 3RD CROSS
K.S.COLONY, 2ND BLOCK,
THYAGARAJANAGAR,
BANGALORE - 560 028.
…APPELLANT
(BY SRI. S.P. SATHISH, ADVOCATE)
AND:
SMT. ROSELINE PRABHAVATHY,
W/O LATE PRAKASH,
MAJOR, NO.43,
RAMAKRISHNA REDDY BUILDING,
SARAKKI VILLAGE,
BANGALORE - 560 064.
…RESPONDENT
(BY SRI. A.V. RAMAKRISHNA, ADVOCATE)
THIS CRL.A. IS FILED UNDER SECTION 378(4) CR.P.C, 1973, BY THE SPP AND ADVOCATE FOR THE APPELLANT
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
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ASIDE THE JUDGMENT DATED 02.05.2015 PASSED BY THE
XXXVIII ADDL. C.M.M. AND XII A.S.C.J, BENGALURU IN
C.C.No.14469/2012 ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, 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: "MEMO
The appellant most respectfully submits that, since the acquittal judgment passed by Hon'ble Magistrate 38 ACMM at Bengaluru. Hence, recent judgment this appeal may be remand to jurisdiction Sessions Court, in the interest of justice and equity."
Memo is taken on record.
Keeping in mind the judgment of the Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A
HC-KAR
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GNANASEKARAN ETC. reported in 2025 SCC ONLINE SC 1320, this appeal stands disposed of transferring the case to concerned District Court for disposal.
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, and thereafter to dispose of the case in accordance with law.
Sd/- (G BASAVARAJA) JUDGE
RR List No.: 1 Sl No.: 14
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