Karnataka High Court
CRL.A/65/2016 of BHARATH KUMAR Vs LALITHA DEVADIGA on 22 September 2026
CNR: KAHC010189442016 NC: 2026:KHC:52426 CRL.A No. 65 of 2016 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.65 OF 2016 ( A ) BETWEEN: BHARATH KUMAR AGED ABOUT 37 YEARS S/O KRISHNAPPA
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.65 OF 2016 (A)
BETWEEN:
BHARATH KUMAR
AGED ABOUT 37 YEARS
S/O KRISHNAPPA
RESIDING AT "MARTJRASHRI" HOUSE,
JODUARASTHE, KUKKUNDUR POST,
KARKALA DISTRICT-574104.
…APPELLANT
(BY SRI. L SRINIVASA BABU.,ADVOCATE)
AND:
LALITHA DEVADIGA
D/O NARAYANA DEVADIGA
W/O THOMA DEVADIGA
AGED ABOUT 73 YEARS
MELMANE HOUSE, NITTE VILLAGE,
KARKALA TALUK, UDUPI DISTRICT-574104.
…RESPONDENT
(BY SRI. K PRASANNA SHETTY.,ADVOCATE)
CRL.A. FILED U/S.378(4) CR.P.C BY THE ADV. FOR THE
APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF
ACQUITTAL DATED 16.11.2015 PASSED BY THE PRL. C.J. AND
J.M.F.C., KARKALA IN C.C.NO.334/2012 - ACQUITTING THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
N.I.ACT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka
HC-KAR
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
It is submitted as follows:
That the appellant has preferred an appeal against the order of acquittal passed by the Principal CiviL Judge and JMFC, Karkala in CC No.334.2012.
It is submitted that the Hon'ble Apex Court in SLP (Cri.) No.137-139/2025 dated 8th April, 2025 has held that the order of acquittal passed in Section 138 of Negotiable Instruments Act, can be challenged in the Court of Session. Therefore, it is prayed that in view of above precedent the above criminal appeal may be transferred to the jurisdictional Sessions Court.
Therefore, the said memo may kindly be allowed at the interest of justice and equity.."
Memo is taken on record.
2. In view of Memo, so also, keeping in mind the judgment of the Hon'ble Supreme Court in the case of
HC-KAR
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.
3. The Registry is directed to send copy of this judgment along with Trial Court Records to the concerned Court.
4. 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 to dispose of the case in accordance with law.
Sd/- (G BASAVARAJA) JUDGE
LNN LIST NO.: 1 SL NO.: 79