- 1 - HC-KAR CNR: KAHC010590352024 NC: 2026:KHC:52226 CRL.A No. 1911 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1911 OF 2024 (A) BETWEEN: 1. M/S TUMCOS LTD. CHANNAGIRI REPRESENTED BY ITS MANAGING DIRECTOR SRI. MADHU S/O PUTTAPPA AGED 40 YEARS, R/O CHANNAGIRI TOWN AND TALUK DAVANAGERE DISTRICT. …APPELLANT (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND: 1. SRI JAGADEESH S/O V S SHIVALINGAPPA AGED 52 YEARS, OCC: AGRIL AND BUSINESS VADANAHAL COMMISSION AGENCIES R/O CHIKKULIKERE VILLAGE CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213 2. SRI. B K PRABHU SHANKARAPPA S/O B S KALLESHVARAPPA AGED 38 YEARS R/O BILLAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213 3. SRI. B K MANJUNATH S/O B S KALLESHVARAPPA Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010590352024 NC: 2026:KHC:52226 CRL.A No. 1911 of 2024 AGED 36 YEARS R/O BILLAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213 …RESPONDENTS CRL.A FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNNS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF ACQUITTAL PASSED ON DATED 05.08.2024 BY THE COURT OF SENIOR CIVIL JUDGE AND J.M.F.C AT CHANNAGIRI IN C.C.NO.214/2023 AND CONVICT THE RESPONDENT FOR THE OFFENCE P/U/S 138 OF N.I ACT. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Learned counsel for the appellant has filed a memo. Same reads as under: "MEMO The above appeal is filed challenging the order of acquittal passed by the learned Senior Civil Judge and JMFC at Channagiri in C.C.No.214/2023 In view of the latest judgment of the Hon'ble Supreme Court passed in Celestium V.A.Gnanasekaran, reported in 2025 SCC Online SC 1380, the above case may kindly be transferred to the District Court, Davanagere in the interest of justice." - 3 - HC-KAR CNR: KAHC010590352024 NC: 2026:KHC:52226 CRL.A No. 1911 of 2024 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. 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. Pending IAs if any, shall stand disposed of. Sd/- (G BASAVARAJA) JUDGE DHA LIST NO.: 1 SL NO.: 10