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THE HIGH COURT OF KARNATAKA
MR. G BASAVARAJA, J
SRI PRAKASH N MURTHY – Appellant
Versus
M/S GRAVITY PROPERTIES PVT LTD – Respondent
| Table of Content |
|---|
| 1. overview of appeals filed. (Para 1) |
| 2. clarification on appellate rights for complainants. (Para 2 , 3 , 4) |
| 3. direction for case transfer to appellate court. (Para 5) |
| 4. conclusion on the appeals. (Para 6) |
ORAL JUDGMENT
2. The Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC ONLINE SC 1320, at paragraph 10 of the judgment, has observed as under:
3. In the light of the Hon'ble Supreme Court's recent clarification of the legal position, it is now evident that the appellant, being the complainant under Section 138 of Negotiable Instruments Act , 1881, is also entitled to file an appeal against the judgment of acquittal passed by the trial Court before the Sessions Court, since he is considered to be a victim. If this Court were to proceed to hear and decide these appeals at this stage, it could deprive the parties of an available forum, i.e. this Court, for further challenge.
5. Considering the above, it is deemed fit that these appeals be transferred to the concerned appellate Court of Sessions and be considered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 of Cr.PC) and numbered ac
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