Karnataka High Court

CRL.A/337/2024 of SRI MOHAN KUMAR T H Vs SRI VIJAI KUMAR K N on 16 September 2026

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CNR: KAHC010088722024 NC: 2026:KHC:50739 CRL.A No. 337 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 337 OF 2024 ( A -) BETWEEN: 1. SRI MOHAN KUMAR T H S/O HOMBALE GOWDA AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 337 OF 2024 (A-)

BETWEEN:

1.

SRI MOHAN KUMAR T H

S/O HOMBALE GOWDA

AGED ABOUT 36 YEARS

R/AT NO 9, SUREKHA NIVASA

3RD CROSS NAIDU LAYOUT

RAJEEV GANDHI ROAD

JARAGANAHALLI, BANGALORE - 560036

…APPELLANT

(BY SRI. SATHISHA D J.,ADVOCATE)

AND:

1.

SRI VIJAI KUMAR K N

AGED ABOUT 50 YEARS

R/AT NO 12, S V ALPINE APARTMENTS

FLAT NO S-6, 2ND FLOOR

5TH MAIN ROAD RAGHUNA HALLI

BANGALORE - 560109

ALSO AVAILABLE AT

SRI VIJAI KUMAR K N

POLICE CONSTABLE

J P NAGAR POLICE STATION

J P NAGAR, BANGALORE - 560078

…RESPONDENT

(BY SRI. MANU B P.,ADVOCATE)

CRL.A FILED U/S 378(4) OF CR.P.C. BY THE ADVOCATE

FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE

COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF

THE ACQUITTAL IN C.C.NO.15926/2019 DATED 07.11.2023 BY

THE XX ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S

138 OF NI ACT.

Digitally signed by

LAKSHMINARAYAN N

Location: High Court of

Karnataka

HC-KAR

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

1. Learned counsel for the appellant has filed a memo. Same reads as under: "MEMO

It is respectfully submits that, the impugned Judgment passed by the XX Chief Metropolitan Magistrate court at Bangaluru, Hence This Hon'ble Court be pleased to permit to transfer the above said appeal to the concerned District Court, Hence, kindly take the same on record, In the interest of justice and equity.

In view of the Supreme Court order."

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

HC-KAR

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.: 45

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