- 1 - HC-KAR NC: 2025:KHC:21816 CRL.RP No. 970 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 970 OF 2022 BETWEEN: SHIVAKUMAR C S/O CHANNAVEERAIAH AGED ABOUT 52 YEARS OCCUPATION: BUSINESS R/AT No. 637, 5TH MAIN 2ND STAGE, 9TH BLOCK NAGARABHAVI BENGALURU - 560 007. …PETITIONER (BY SRI MAHESH S N, ADVOCATE) AND: RAJESH SONA S/O JAYANTHILAL AGED ABOUT 51 YEARS OCCUPATION: BUSINESS R/AT. No. 997, GROUND FLOOR 11TH MAIN ROAD, BASAVESWARANAGAR BENGALURU - 560 079. AND ALSO WORKING AT No.246/1, 4TH MAIN ROAD 7TH CROSS RMC YARD YASHWANTHAPURA BENGALURU - 560 022. …RESPONDENT (BY SMT. TARJANI DESAI, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21816 CRL.RP No. 970 of 2022 THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 Cr.P.C PRAYING TO SET SIDE THE JUDGMENT DATED 18.04.2022 PASSED IN CRL.A.No.296/2019 ON THE FILE OF THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-70) AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This Criminal Revision Petition is filed by the complainant challenging the judgment dated 18.04.2022 passed in Crl.A.No.296/2019 wherein the appeal filed by the petitioner –complainant seeking enhancement of compensation awarded by the Trial Court under judgment/ order dated 15.12.2018 passed in C.C.No.14615/2015 by the XII Additional Chief Metropolitan Magistrate, Benagaluru. The said appeal is filed by the petitioner came to be dismissed only on the ground that it is not maintainable as the petitioner -complainant is not victim. 2. Heard learned counsel for the petitioner and learned counsel for the respondent. - 3 - HC-KAR NC: 2025:KHC:21816 CRL.RP No. 970 of 2022 3. Learned counsel for the petitioner placing reliance on the recent decision of the Hon’ble Apex Court in the case of M/s. Celestium Financial Vs A. Gnanasekaran Etc1 submits that the Hon’ble Apex Court has held that the complainant in offence punishable under Section 138 of the N.I Act is victim and he has right to file appeal under Section 372 proviso of Cr.P.C. 4. Learned counsel for the respondent does not dispute the law laid down by the Hon’ble Apex Court and submits that in that even the matter requires to be remanded back the to Appellate Court for considering the appeal filed by the petitioner –complainant. 5. In view of law laid down by the Hon’ble Apex Court in the aforesaid judgment, the appeal filed by the petitioner is maintainable. 6. In the result, the following ORDER i) The Criminal Revision Petition is allowed. 1 2025 INSC 804 - 4 - HC-KAR NC: 2025:KHC:21816 CRL.RP No. 970 of 2022 ii) The matter is remanded back to the Appellate Court for considering the criminal appeal filed by the petitioner for fresh consideration in accordance with law. iii) The appellant Court shall make endeavor to dispose of the appeal on merits at earliest. iv) Both parties are directed to appear before the Appellate Court on 28.07.2025. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 32