Karnataka High Court
CRL.A/1911/2024 of M/S TUMCOS LTD CHANNAGIRI Vs SRI JAGADEESH on 22 September 2026
CNR: KAHC010590352024 NC: 2026:KHC:52226 CRL.A No. 1911 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1911 OF 2024 ( A ) BETWEEN: 1. M/S TUMCOS LTD. CHANNAGIRI REPRESENTED BY ITS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1911 OF 2024 (A)
BETWEEN:
1.
M/S TUMCOS LTD. CHANNAGIRI
REPRESENTED BY ITS
MANAGING DIRECTOR
SRI. MADHU S/O PUTTAPPA
AGED 40 YEARS,
R/O CHANNAGIRI TOWN AND TALUK
DAVANAGERE DISTRICT.
…APPELLANT
(BY SRI. DEVI PRASAD SHETTY.,ADVOCATE)
AND:
1.
SRI JAGADEESH
S/O V S SHIVALINGAPPA
AGED 52 YEARS,
OCC: AGRIL AND BUSINESS
VADANAHAL COMMISSION AGENCIES
R/O CHIKKULIKERE VILLAGE
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT-577213
2.
SRI. B K PRABHU SHANKARAPPA
S/O B S KALLESHVARAPPA
AGED 38 YEARS
R/O BILLAHALLI VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT-577213
3.
SRI. B K MANJUNATH
S/O B S KALLESHVARAPPA
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka
HC-KAR
AGED 36 YEARS
R/O BILLAHALLI VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT-577213
…RESPONDENTS
CRL.A FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNNS)
BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER OF ACQUITTAL PASSED ON DATED 05.08.2024 BY THE
COURT OF SENIOR CIVIL JUDGE AND J.M.F.C AT CHANNAGIRI
IN C.C.NO.214/2023 AND CONVICT THE RESPONDENT FOR
THE OFFENCE P/U/S 138 OF N.I ACT.
THIS
APPEAL,
COMING
ON
FOR
HEARING
ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
Learned counsel for the appellant has filed a memo. Same reads as under: "MEMO
The above appeal is filed challenging the order of acquittal passed by the learned Senior Civil Judge and JMFC at Channagiri in C.C.No.214/2023
In view of the latest judgment of the Hon'ble Supreme Court passed in Celestium V.A.Gnanasekaran, reported in 2025 SCC Online SC 1380, the above case may kindly be transferred to the District Court, Davanagere in the interest of justice."
HC-KAR
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 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.
Pending IAs if any, shall stand disposed of.
Sd/- (G BASAVARAJA) JUDGE DHA LIST NO.: 1 SL NO.: 10