Karnataka High Court
CRL.A/1499/2024 of SHRI SANTHOSH KUMAR. K Vs SHRI S M BYRE GOWDA on 10 September 2026
CNR: KAHC010450622024 NC: 2026:KHC:49365 CRL.A No. 1499 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1499 OF 2024 ( A -) BETWEEN: 1. SHRI SANTHOSH KUMAR. K S/O. LATE SHANKAR RAO,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1499 OF 2024 (A-)
BETWEEN:
1.
SHRI SANTHOSH KUMAR. K
S/O. LATE SHANKAR RAO,
AGED ABOUT 52 YEARS,
PROP SAVITHA OIL MILL,
SEEGEBAGI, C.N. ROAD,
BHADRAVATHI-577 301.
…APPELLANT
(BY SRI. ANANTHAPADMANABHA G N.,ADVOCATE)
AND:
1.
SHRI S M BYRE GOWDA
S/O. LATE MARISIDDE GOWDA,
AGED ABOUT 52 YEARS,
PROP: SHREE RAMESHWARA
MODERN RICE MILL,
KANAKATTE, BHADRA COLONY POST,
BHADRAVATHI-577 301.
…RESPONDENT
CRL.A FILED U/S 378(4) OF CR.PC BY THE ADVOCATE
FOR THE APPELLANT PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED
07.06.2024 IN C.C.NO.17/2022 ON THE FILE OF THE II
ADDL.CIVIL JUDGE AND J.M.F.C BHADRAVATHI AS PER
ANNEXURE-A AND CONVICT THE RESPONDENT FOR THE
OFFENCE P/U/S 138 OF N.I ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka
HC-KAR
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ORAL JUDGMENT
Learned counsel for the appellant has filed a memo. Same reads as under: "M E M O
I, undersigned counsel submit that, the above appeal is preferred against the acquittal, in view of the Judgment passed by the Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC ONLINE SC 1320, the above appeal shall be transferred to the concerned Principal District & Sessions Judge, Shivamogga in which Jurisdiction of the appeal is triable, in the interest of Justice."
Memo is taken on record.
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.
HC-KAR
The 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 and fix the date to appear before the Court.
Sd/- (G BASAVARAJA) JUDGE
DHA List No.: 1 Sl No.: 46