Nagaraj vs Mr. Mohanan
2026 Latest Caselaw 2 Kant

Karnataka High Court

Nagaraj vs Mr. Mohanan on 5 January, 2026

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                                                           NC: 2026:KHC:204
                                                      CRL.A No. 425 of 2022


                   HC-KAR




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 5TH DAY OF JANUARY, 2026

                                            BEFORE
                            THE HON'BLE MR. JUSTICE G BASAVARAJA
                              CRIMINAL APPEAL NO. 425 OF 2022 (A)
                   BETWEEN:

                   MR.NAGARAJ
                   S/O LATE KRISHNAPPA
                   AGED ABOUT 56 YEARS
                   R/AT 08, 3RD CROSS,
                   VAIKUNTAM LAYOUT,
                   KUNDANAHALLI GATE,
                   BENGALURU- 560 037
                                                               ...APPELLANT
                   (BY SRI. K.N. ARVINDA NAVADA., ADVOCATE)

                   AND:

                   MR. MOHANAN
Digitally signed   S/O K R NAMBIYAAR
by
SHARADAVANI        AGED ABOUT 41 YEARS
B
Location: High
                   R/A SREE NILAYAM
Court of           MOTTAMMAL PO
Karnataka
                   KANNAPURAM, KANNUR
                   KERALA- 670 331.
                                                              ...RESPONDENT
                        THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
                   MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT
                   AND ORDER IN C.C.NO.60409/2018 PASSED BY THE LEARNED
                   XXXIV ACMM, BANGALORE AND REMAND BACK THE MATTER
                   TO THE LOWER COURT AND PERMIT THE APPELLANT TO
                   TENDER HIMSELF FOR CROSS EXAMINATION ON BEHALF OF
                   THE ACCUSED ON MERITS., AND ETC.
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                                               NC: 2026:KHC:204
                                          CRL.A No. 425 of 2022


HC-KAR




    THIS APPEAL, COMING ON FOR ADMISSION, 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 judgment of

acquittal dated 20.11.2021 passed in CC.No.60409/2018

by the XXXIV Additional Chief Metropolitan Magistrate (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 Cr.P.C. 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 Cr.

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P.C., irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of Cr. P.C."

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

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KANKANE v. NARENDRA KUMAR SHUKLA rendered in

Criminal Appeal No.5910 of 2025 decided on 03 rd July,

2025; and in the case of LATE KISAN SEWA KENDRA v.

PRITAM SINGH reported in 2025 SCC ONLINE MP 4818;

and in SMT. URMIT MADRAH v. SAMARPAN JAIN rendered

Criminal Appeal No. 11872 of 2022 decided on 21st July,

2025; the decision of High Court of 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. SHAFI AHAMAD 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-

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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.

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

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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 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;

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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

RCK List No.: 1 Sl No.: 27