- 1 - HC-KAR CNR: KAHC010331142024 NC: 2026:KHC:50499 CRL.A No. 1160 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. 1160 OF 2024 (A) BETWEEN: 1. SRI K N SHARATH KUMAR S/O LATE K B OMKARAMOORTHI AGED ABOUT 41 YEARS, R/AT NO.215, KOLAGUNDA JAVAGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT 573 103 ALSO NOW AT BANGALORE AYYANAGAR BAKERY KALLERI, KARAYA VILLAGE, BELTHANGADY TALUK - 574 214 …APPELLANT (BY SRI. KARUNAKARA, ADV. FOR SRI. SATHISHA D. J., ADV.) AND: 1. SRI LOKESH I D S/O DODDAPPA I C AGED ABOUT 45 YEARS, R/AT DODDABEMMATHI POST, MALLIPATNA HOBLI, ARAKALGUDU TALUK, HASSAN DISTRICT 573 102 …RESPONDENT (BY SRI. KUMBAR VASANT FAKEERAPPA., ADVOCATE) THIS CRL.A IS FILED U/S 378(4) CR.PC BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT OF ACQUITTAL IN PASSED IN C.C.NO.320/2021 DATED 28.02.2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC AT BELTHANGADY, DAKSHINA KANNADA. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010331142024 NC: 2026:KHC:50499 CRL.A No. 1160 of 2024 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT This appeal is preferred against the judgment of acquittal dated 28.02.2024 passed in CC No.320 of 2021 by the Principal Senior Civil Judge and JMFC at Belthangady, Dakshina Kannada. 2. It is submitted by the learned counsel for the appellant that this appeal may be transferred to the District Judge in view of the judgment of Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC ONLINE SC 1320. In the light of the submission made by the learned Counsel for the appellant as also keeping in mind the aforestated judgment of Hon'ble Supreme Court, this appeal stands disposed of transferring the case to concerned District Court for disposal. - 3 - HC-KAR CNR: KAHC010331142024 NC: 2026:KHC:50499 CRL.A No. 1160 of 2024 3. The Registry is directed to send copy of this judgment along with Trial Court Records to the concerned Court. 4. The concerned Principal District and Sessions Judge, is directed to issue notice to both parties and fix the date to appear before the Court and to dispose of the case in accordance with law. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 92