Karnataka High Court
CRL.A/623/2022 of M/S. SVS GRANITES Vs SRI. K S PALANISWAMY on 30 September 2026
CNR: KAHC010374362021 NC: 2026:KHC:54444 CRL.A No. 623 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.623 OF 2022 ( A ) BETWEEN: M/S. SVS GRANITES, PROPRIETOR, SRI L.MAHADEVAIAH,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.623 OF 2022 (A)
BETWEEN:
M/S. SVS GRANITES,
PROPRIETOR,
SRI L.MAHADEVAIAH,
AGED ABOUT 58 YEARS,
CHIKKAMUDAVADI VILLAGE,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562 117.
…APPELLANT
(BY SRI SUNIL K N, ADVOCATE [ABSENT])
AND:
SRI K S PALANISWAMY,
AGED ABOUT 62 YEARS,
PROPRIETOR,
SRI BALAJI AGENCIES,
NO.1500, KUCHAPPA PETE,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561203.
…RESPONDENT
(BY SRI RAVIKUMAR M C, ADVOCATE)
THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET
ASIDE THE ORDER OF ACQUITTAL DATED 03.04.2021, MADE
IN C.C.NO.21503/2013, ON THE FILE OF THE HON'BLE XXI
A.C.M.M., BENGALURU.
Digitally
signed by
GEETHA P G
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
1. None appears for the appellant.
2. The appellant has preferred this appeal against the judgment of acquittal dated 03.04.2021 passed by XXI Additional CMM and XXIII ASCJ, Bengaluru in C.C.No.21503/2013.
3. In view of the judgment of the Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A.GNANASEKARAN ETC. reported in 2025 SCC ONLINE SC 1320, it is appropriate to transfer the case to the concerned District Court for disposal in accordance with law.
4. Accordingly, I pass the following:
ORDER
(i) Registry is directed to transfer this case to the Principal District and Sessions Judge, Bengaluru, for disposal;
(ii) The concerned transferee court is directed to issue Court notice to both the parties to appear
HC-KAR
before the concerned Court, and the concerned Court, thereafter, shall proceed with the case in accordance with law;
(iii) In case there are applications pending for condonation of delay or any other pending applications, the same also be transferred to be considered by the learned Judge of transferee Court;
(iv) The appellant is permitted to carry out necessary amendment in the cause-title and also the provisions thereof;
(v) It is made clear that this Court has not made any observation as to the merits of the case and all rights and contentions of the parties are left open to be agitated before the Court concerned;
(vi) The Registry is directed to send copy of this judgment to the concerned Court.
Accordingly, this appeal stands disposed of.
Sd/- (G BASAVARAJA) JUDGE hkh. List No.: 1 Sl No.: 16