- 1 - HC-KAR NC: 2025:KHC:25294 CRL.A No. 77 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 77 OF 2023 (A) BETWEEN: H P PRASHANTH KUMAR S/O PARAMESHWARAPPA AGED ABOUT 43 YEARS R/A KOSAKERE VILLAGE MEDIGESHI HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT-572 128 …APPELLANT (BY SRI. RAVEENDRA GAJANAN KOLLE, ADVOCATE) AND: K N LOKESH S/O LATE NANJAPPA AGED ABOUT 44 YEARS R/S KATHENAHALLI VILLAGE KORA HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572 128 …RESPONDENT (BY SRI. V B SIDDARAMAIAH, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 05.03.2022 PASSED BY THE LEARNED ADDL.CIVIL JUDGE AND J.M.F.C AT MADHUGIRI IN C.C.NO.896/2018 AND CONSEQUENTLY ALLOW THE COMPLAINT IN C.C.NO.896/2018 AND CONVICT THE RESPONDENT AS PER LAW. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25294 CRL.A No. 77 of 2023 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Heard Sri Raveendra G. Kolle, learned counsel for the appellant and Sri V.B. Siddaramaiah, learned counsel for the respondent. 2. The ranks of the parties henceforth will be considered as per their rankings before the Trial Court, for convenience. 3. This appeal is arising out of the judgment and order of acquittal dated 05.03.2022 passed by the learned Additional Civil Judge and J.M.F.C., Madhugiri, in C.C.No.896/2018, wherein the Trial Court recorded the acquittal of the accused / respondent for the offence under Section 138 of the Negotiable Instruments Act (for short “N.I. Act”). Being aggrieved, complainant / appellant filed an appeal before the learned IV Additional District and Sessions Judge, Tumakuru, Sitting at Madhugiri, in Criminal Appeal No.5014/2022. The Appellate Court dismissed the appeal on maintainability vide its order dated 15.10.2022, reserving liberty to the appellant to approach appropriate forum under Section 378(4) of the Code of Criminal Procedure. - 3 - HC-KAR NC: 2025:KHC:25294 CRL.A No. 77 of 2023 4. In view of the dictum of the Hon'ble Supreme Court in the case of Celestium Financial v. A. Gnanasekaran etc.,1 the present appeal has to be filed before the Sessions Court. However, the Appellate Court / Sessions Court wrongly held that the said appeal is not maintainable, which is against to the settled principles of law. 5. Hence, I proceed to pass the following:- ORDER (i) The Criminal Appeal is disposed of. The matter is remanded to the Appellate Court / Sessions Court for fresh consideration in accordance with law. (ii) The Registry is directed to transmit the records to the Appellate Court / Sessions Court forthwith. (iii) Article 14 of the Limitation Act would be applicable to the appeal proposed to be filed by the appellant. (iv) The appellant is hereby directed to file the appeal within one month from today. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 67 1 2025 SCC OnLine SC 1320