- 1 - HC-KAR CNR: KAHC010319122025 NC: 2026:KHC:51990 CRL.A No. 1040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1040 OF 2025 (A) BETWEEN: B.R.UDAY KUMAR S/O RAGHUPATHIGOWDA AGED ABOUT 55 YEARS R/AT BANASANDRA VILLAGE KASABA HOBLI TURUVEKERE TLAUK-572 227 TUMAKURU DISTRICT. …APPELLANT (BY SMT. SHARANYA H.R., ADVOCATE FOR SRI. A.N.GANGADHARAIAH, ADVOCATE) AND: CHANDRAIAH S/O RANGAIAH AGED ABOUT 59 YEARS RESIDING AT BANASANDRA RANGANATHA COLONY KASABA HOBLI TURUVEKRE TALUK-572 227 TUMAKURU DISTRICT. AND WORKING AS TEACHER LPS MANTRIKENAHALLI GOLARAHATTI KASABA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT. …RESPONDENT (BY SRI. RAMESH H.N., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010319122025 NC: 2026:KHC:51990 CRL.A No. 1040 of 2025 THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C (U/S 419(4) BNSS) PRAYING TO CALL FOR THE RECORDS IN C.C.NO.04/2021 ON THE FILE OF CIVIL JUDGE AND JMFC, TURUVEKERE AND FURTHER SET ASIDE THE JUDGMENT DATED 03.03.2025 AND CONSEQUENTLY ALLOW THE COMPLAINT FILED BY THE APPELLANT IN CC.NO.04/2021 TO MEET THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR ADMISSION 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 named appellant hereby submit that above matter be transferred to the concerned District and Sessions Court, view of the order of the Hon'ble Supreme Court reported in 2025 SCC OnLine S1320, for kind perusal of this Hon'ble Court in the interest of justice and equity." 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 - 3 - HC-KAR CNR: KAHC010319122025 NC: 2026:KHC:51990 CRL.A No. 1040 of 2025 2025 SCC ONLINE SC 1320, this appeal stands disposed of 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 PGG List No.: 1 Sl No.: 26