- 1 - HC-KAR CNR: KAHC010025912024 NC: 2026:KHC:51991 CRL.A No. 117 of 2024 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.117 OF 2024 (A) BETWEEN: 1. NAGAIAH L.M., AGED ABOUT 37 YEARS, S/O LATE MALLAIAH, R/AT LINGAPPANAPALYA VILLAGE, HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK TUMKUR DISTRICT - 572 218. …APPELLANT (BY SRI. RAMACHANDRA N., ADVOCATE) AND: 1. KALLELINGAPPA N., S/O NANJAPPA, AGED ABOUT 65 YEARS, R/AT DALAVAIKATTE VILLAGE, HEGGERE POST, SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 542. …RESPONDENT THIS CRL.A. IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DATED 13.12.2023 PASSED BY THE HON'BLE ADDITIONAL CIVIL JUDGE AND JMFC AT CHIKKANAYAKANAHALLI IN C.C.NO.675/2016 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, CONSEQUENTLY CONVICT THE RESPONDENT/ACCUSED FOR Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010025912024 NC: 2026:KHC:51991 CRL.A No. 117 of 2024 THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AS SOUGHT FOR IN THE COMPLAINT. THIS APPEAL COMING ON FOR ORDERS 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 most humbly submits that, the order of acquittal dated 13.12.2023 is Impugned under this Appeal. It is submitted in view of Judgment passed by the Hon'ble Supreme Court reported as 2025 SCC OnLine SC 1320, the appellant required to file an Appeal u/s 372 of Cr.P.C. before the Jurisdictional District and Sessions Judge. Wherefore the above named appellant most humbly submits that, this Hon'ble Court be pleased to transfer the matter to the respective Jurisdictional District and Sessions Judge to meet the ends of justice." 2. Memo is taken on record. - 3 - HC-KAR CNR: KAHC010025912024 NC: 2026:KHC:51991 CRL.A No. 117 of 2024 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 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. 6. Pending interlocutory applications, if any, stand disposed of. Sd/- (G BASAVARAJA) JUDGE PGG