Karnataka High Court
CRL.A/968/2016 of SMT T P GAYATHRI Vs SRI K T SRINIVAS on 22 September 2026
CNR: KAHC010253612016 NC: 2026:KHC:52202 CRL.A No. 968 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. 968 OF 2016 ( A ) BETWEEN: 1. SMT T P GAYATHRI W/O T V PRASANNA KUMAR AGED
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. 968 OF 2016 (A)
BETWEEN:
1.
SMT T P GAYATHRI
W/O T V PRASANNA KUMAR
AGED ABOUT 58 YEARS
PROPRIETRIX: M/S PRAGATHI INVESTMENTS,
SHOP NO.2, T.V.COMPLEX,
BVK IYENGAR ROAD, BENGALURU
REPRESENTED BY HER GPA HOLDER,
SRI.T.V.NARAYANA MURTHY
…APPELLANT
(BY SRI. L M CHIDANANDAYYA., ADVOCATE)
AND:
1.
SRI K T SRINIVAS
S/O THIRUMALACHAR,
AGED ABOUT 50 YEARS,
2.
SMT. USHA SRINIVAS
W/O SRI.K.T.SRINIVAS
AGED ABOUT 44 YEARS,
BOTH ARE R/AT: M/S V.B.BAKERY,
SAJJAN RAO CIRCLE, V.V. PURAM,
BENGALURU-560004
ALSO AT: NO.56, GOVINDAPPA ROAD,
BASAVANAGUDI, BENGALURU-560 004
…RESPONDENTS
(BY SRI. RAMACHANDRA G. BHAT., ADVOCATE)
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka
HC-KAR
CRL.A FILED U/S 378(4) CRPC BY THE ADVOCATE FOR
THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO SET ASIDE THE JUDGMENT DATED 31.03.2016
PASSED BY THE XXII ADDL. SMALL CAUSES JUDGE AND XX
ACMM
(SCCH-24),
BANGALORE
IN
C.C.NO.28565/2007-
ACQUITTING THE RESPONDENT/ACCUSED 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
1. Learned counsel for the appellant has filed a memo. Same reads as under: "MEMO
The appellant has filed the above appeal challenging the order dated 31.03.2016 passed by the XX ACMM Bangalore in CC No.28565/2007. In view of the order of the Hon'ble Supreme Court of India reported in 2025 SCC OnLine 1320, this Hon'ble Court may be pleased to direct to transfer the above appeal to the Learned Sessions Judge, Bangalore.
Therefore, it is prayed that this Hon'ble Court transfer the above appeal to the Sessions Judge, Court Bangalore in the interest of Justice."
HC-KAR
2. Memo is taken on record.
3. 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.
4. The Registry is directed to send copy of this judgment along with Trial Court Records to the concerned Court.
5. The concerned Principal District and Sessions Judge, is directed to issue notice to both parties and fix the date to appear before the Court.
Sd/- (G BASAVARAJA) JUDGE
KBM LIST NO.: 1 SL NO.: 7