Karnataka High Court

CRL.A/1040/2025 of B R UDAY KUMAR Vs CHANDRAIAH on 21 September 2026

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CNR: KAHC010319122025 NC: 2026:KHC:51990 CRL.A No. 1040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1040 OF 2025 ( A ) BETWEEN: B.R.UDAY KUMAR S/O RAGHUPATHIGOWDA AGED ABOUT 55

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO.1040 OF 2025 (A)

BETWEEN:

B.R.UDAY KUMAR

S/O RAGHUPATHIGOWDA

AGED ABOUT 55 YEARS

R/AT BANASANDRA VILLAGE

KASABA HOBLI

TURUVEKERE TLAUK-572 227

TUMAKURU DISTRICT.

…APPELLANT

(BY SMT. SHARANYA H.R., ADVOCATE FOR

SRI. A.N.GANGADHARAIAH, ADVOCATE)

AND:

CHANDRAIAH

S/O RANGAIAH

AGED ABOUT 59 YEARS

RESIDING AT BANASANDRA

RANGANATHA COLONY

KASABA HOBLI

TURUVEKRE TALUK-572 227

TUMAKURU DISTRICT.

AND

WORKING AS TEACHER

LPS MANTRIKENAHALLI GOLARAHATTI

KASABA HOBLI

TURUVEKERE TALUK

TUMAKURU DISTRICT.

…RESPONDENT

(BY SRI. RAMESH H.N., ADVOCATE)

Digitally

signed by

GEETHA P G

Location:

HIGH COURT

OF

KARNATAKA

HC-KAR

THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C

(U/S 419(4) BNSS) PRAYING TO CALL FOR THE RECORDS IN

C.C.NO.04/2021 ON THE FILE OF CIVIL JUDGE AND JMFC, TURUVEKERE AND FURTHER SET ASIDE THE JUDGMENT DATED

03.03.2025 AND CONSEQUENTLY ALLOW THE COMPLAINT

FILED BY THE APPELLANT IN CC.NO.04/2021 TO MEET THE

ENDS OF JUSTICE.

THIS APPEAL COMING ON FOR ADMISSION 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 named appellant hereby submit that above matter be transferred to the concerned District and Sessions Court, view of the order of the Hon'ble Supreme Court reported in 2025 SCC OnLine S1320, for kind perusal of this Hon'ble 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 in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in

HC-KAR

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

PGG List No.: 1 Sl No.: 26

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