[Cites 8, Cited by 0]
Karnataka High Court
Sri Yeshwanth Reddy M V vs Chaitanaya Enterprises Ventures Pvt ... on 3 December, 2025
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CRL.A No. 1039 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1039 OF 2018 (378(Cr.PC) /
419(BNSS))
BETWEEN:
1. SRI YESHWANTH REDDY M V
C/O MANJUNATH BABU
NO.20, 3RD CROSS RAJESHWARI NAGAR
BEHIND RAJESHWARI THEATER, LAGGERE
BANGALORE-560 058
...APPELLANT
(BY SRI. R SHASHIDHARA, ADVOCATE)
AND:
1. CHAITANAYA ENTERPRISES VENTURES PVT LTD
REPRESENTED BY ITS DIRECTOR
SRI VIJAYA KRISHNA NALLAGANDLA
AT NO.31 7, 5TH MAIN, 5TH CROSS
OPP GANESHA TEMPLE
SADASHIVANAGARA
BANGALORE-560 080
Digitally signed by ALSO AVAILABLE AT
LAKSHMINARAYAN N
Location: HIGH COURT RESIDENCE ADDRESS
OF KARNATAKA
AT NO.425, 12TH CROSS
SADASHIVA NAGAR JAYAMAHAL
BANGALORE-560 080
...RESPONDENT
(VIDE ORDER DT; 11-11-2025, POLICE REPORT NOT RECEIVED
IN R/O RESPONDENT.)
CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR
THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO SET ASIDE THE JUDGMENT DATED 25.04.2018
PASSED BY THE XIII A.C.M.M., BANGALORE IN
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CRL.A No. 1039 of 2018
HC-KAR
C.C.NO.4703/2016- ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
1. This appeal is filed by the appellant/complainant
being aggrieved by the order of acquittal dated 25th April, 2018
in CC No.4703 of 2016 by the XIII ACMM, Bangalore (for short
"the trial Court").
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:
"10. As already noted, the proviso to Section 372
of CrPC was inserted in the statue book only with effect
from 31.12.2009. The object and reason for such
insertion must be realised and must be given its full
effect to by a court. In view of the aforesaid discussion,
we hold that the victim of an offence has the right to
prefer an appeal under the proviso to Section 372 of
CrPC, irrespective of whether he is a complainant or not.
Even if the victim of an offence is a complainant, he can
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still proceed under the proviso to Section 372 and need
not advert to sub-section (4) of Section 378 of Cr.PC."
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 the
appeal at this stage, it could deprive the parties of an available
forum, i.e. this Court, for further challenge.
4. Similar view has been taken by the High Court of
Andhra Pradesh in CHARBEL INDIA V. STATE OF ANDHRA
PRADESH reported in 2025 SCC ONLINE AP 2815; by the High
Court of Madhya Pradesh in MANORAMA KANKANE v.
NARENDRA KUMAR SHUKLA rendered in Criminal Appeal
No.5910 of 2025 decided on 03rd July, 2025; and in the case of
LATE KISAN SEWA KENDRA v. PRITAM SINGH reported in 2025
SCC ONLINE MP 4818; and in SMT. URMITMADRAH v.
SAMARPAN JAIN rendered Criminal Appeal No. 11872 of 2022
decided on 21st July, 2025; the decision of High Court of
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Chattisgarh in NEELAM SAHU v. NARADNAGWANSHI rendered
in ACQA No. 340 of 2018 decided on 16th July, 2025; and in
SMT. KIRTI KURIAN v. AJAY SINGH rendered in ACQA No. 198
of 2019 decided on 16th July, 2025; the judgment of this Court
in the case of SIDAGONDAPPA v. SHAFIAHAMAD rendered in
CRL.A. No. 20021/2018 decided on 31st July, 2025 and in SRI
T.H. LENKAPPA v. SRI SANJAY AND ANOTHER rendered in
Criminal Appeal No.146 of 2015 decided on 23rd July, 2025; the
decision of High Court of Delhi in the case of D.K. ASSOCIATES
v. SHANKAR AND ANOTHER rendered in Criminal Appeal
No.694 of 2016 decided on 13th November, 2025 and the
decision rendered by the Co-ordinate Bench of this Court in the
case of M/S. ANANYA ENTERPRISES v. SRI G.S.
GOPALAKRISHNA rendered in Criminal Appeal No.100171 of
2016 decided on 24th November, 2025. An overall assessment
of the aforestated decisions reveals that the decision of the
Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL
(supra) has been relied upon by this Court, as well as other
High Courts across the country.
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5. Considering the above, it is deemed fit that the
present appeal 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 accordingly. Accordingly, I proceed to pass the
following:
ORDER
i. Registry is directed to transfer the entire
record of the case, including the requisitioned
copies of the trial court Records, to the
concerned Principal District & Sessions Judge,
who may assign it to the concerned Appellate
Court having the jurisdiction and for which
purpose, it would be listed before the Principal
District & Sessions Judge;
ii. The concerned transferee court is directed to
issue Court notice to both the parties to appear
before the concerned Court, and the concerned
Court, thereafter, shall proceed with the case
in accordance with law;
iii. In case there are applications pending for
condonation of delay or any other pending
applications, the same also be transferred to
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be considered by the learned Judge of
transferee Court, in accordance with law;
iv. Considering the matter has been pending for
considerable time, the Appellate Court is
requested to make an endeavour to dispose of
the matter as expeditiously as possible;
v. The appellant is permitted to carry out
necessary amendment in the cause-title and
also the provisions thereof;
vi. It is made clear that this Court has not made
any observations as to the merits of the case
and all rights and contentions of the parties are
left open to be agitated before the Court
concerned.
6. In the light of the above observation and
directions, appeal stands disposed of.
Sd/-
(G BASAVARAJA)
JUDGE
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