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THE HIGH COURT OF KARNATAKA
S Rachaiah, J
Doraiswamy – Appellant
Versus
S2 Homes India Private Limited – Respondent
| Table of Content |
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| 1. the appellant is challenging a trial court's judgment of acquittal. (Para 1) |
| 2. victims may appeal acquittal under section 372 crpc before sessions court instead of section 378(4). (Para 2 , 3 , 4) |
| 3. transfer of the appeal to the jurisdictional sessions court for adjudication. (Para 5 , 6 , 7 , 8) |
THIS CRL.A IS FILED U/S 378(4) CR.P.C (U/S 419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT/S PRAYING T0 SET ASIDE THE JUDGEMENT PASSED BY XIII ACMM, AT BANGALORE IN CC.NO.25568/2019 VIDE ORDER DTD 08.04.2026. CONVICT THE RESPONDENT FOR THE OFFENCE P/U/S 138 OF N.I ACT ETC.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
1. This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.
2. However, the Hon’ble Supreme Court in Celestium Financial Vs. A. Gnanasekaran Etc. 12025 SCC Online SC 1320, held in paragraph No.10 as under:
“10. As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be g
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