- 1 - HC-KAR CNR: KAHC010423692024 NC: 2026:KHC:49364 CRL.A No. 1446 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. 1446 OF 2024 (A-) BETWEEN: 1. MR P K MOHAMMED S/O SHEIKABBA, AGED ABOUT 59 YEARS R/AT FLAT NO 302 PRESIDIUM APARTMENTS, ATTAVARA, KEB ROAD, MANGALORE 575001 …APPELLANT (BY SRI. AJAY PRABHU M.,ADVOCATE) AND: 1. MR ABOOBAKKAR S/O USMAN, AGED ABOUT 66 YEARS, R/AT SAFWAN GHAR, D.NO.1-9, KATIPALLA, MANGALORE, D.K.-574142 …RESPONDENT CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT DATED 29.02.2024 IN C.C.NO.859/2015 ON THE FILE OF THE COURT OF JMFC V COURT MANGALURU D.K., U/S.138 OF NI ACT AND CONSEQUENTLY ALLOW THE COMPLIANT. 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 - 2 - HC-KAR CNR: KAHC010423692024 NC: 2026:KHC:49364 CRL.A No. 1446 of 2024 ORAL JUDGMENT Learned counsel for the appellant has filed a memo. Same reads as under: "M E M O The counsel for Appellant respectfully submit that the above appeal may kindly be transferred to District Court in view of the Judgment of Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. [2025 SCC ONLINE SC 1320], in the interest of justice and equity." 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. - 3 - HC-KAR CNR: KAHC010423692024 NC: 2026:KHC:49364 CRL.A No. 1446 of 2024 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.: 45