Karnataka High Court
CRL.A/1300/2025 of SRI.A. RAMANNA SHETTY Vs SRI. G M SHIVAKUMAR on 22 September 2026
CNR: KAHC010398042025 NC: 2026:KHC:52486 CRL.A No. 1300 of 2025 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. 1300 OF 2025 ( A ) BETWEEN: 1. SRI. A RAMANNA SHETTY S/O A . JATHAPPA SHETTY,
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. 1300 OF 2025 (A)
BETWEEN:
1.
SRI. A RAMANNA SHETTY
S/O A. JATHAPPA SHETTY,
AGED ABOUT 69 YEARS,
PROP., SRI KRUPA MEDICALS,
NEAR PRIVATE BUS STAND,
MADIKERI CITY, MADIKERI,
KODAGU DISTRICT.-571201
…APPELLANT
(BY SRI. RAMESH K R., ADVOCATE)
AND:
1.
SRI. G M SHIVAKUMAR
S/O G.M. MADEGOWDA,
LIC AGENT, JEEVAN KAURI,
LIC OF INDIA, RACE CORSE ROAD,
MADIKERI CITY, MADIKERI,
KODAGU DISTRICT.-571201
…RESPONDENT
(BY SRI. SRINIVAS V., ADVOCATE)
CRL.A FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF
BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE
THE IMPUGNED JUDGMENT DTD 23.04.2025, PASSED BY THE
PRL. CIVIL JUDGE AND JMFC, MADIKERI IN C.C.NO.553/2021
AND THEREBY CONVICT THE RESPONDENT /ACCUSED FOR THE
OFFENCES P/U/S 138 OF NI ACT, BY ALLOWING THIS APPEAL.
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka
HC-KAR
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
1. Learned counsel for the appellant has filed a memo. Same reads as under: "MEMO "The undersigned counsel appearing for the appellant respectfully submits that the appellant herein has preferred the present appeal challenging the order passed by the learned Principal Civil Judge and JMFC at Madikeri in CC No.553/2021. The appellant further submits that, as per the judgment passed by the Hon'ble Supreme Court of India in Celestium Financial v. A.Gnanasekaran, reported in 2025 SCC Online SC 1320, the present appeal is required to be considered by the competent District Court. Wherefore, the appellant respectfully prays that this Hon'ble Court may be pleased to take the above submission on record and transfer the above appeal to the concerned District Court, in the interest of justice and equity."
2. Memo is taken on record.
3. In view of memo and keeping in mind the judgment of the Hon'ble Supreme Court, this appeal is transferred to concerned District Court for disposal in
HC-KAR
accordance with law. Accordingly, the appeal is disposed of.
4. 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 for their appearance before the Court and dispose of the case in accordance with law.
Sd/- (G BASAVARAJA) JUDGE
KBM LIST NO.: 1 SL NO.: 98