- 1 - HC-KAR NC: 2025:KHC:22522 CRL.A No. 1154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1154 OF 2025 (A) BETWEEN: SMT. RUKMANI W/O DOREPPA AGED ABOUT 45 YEARS, R/AT DASARAHALLI (V), TEKAL HOBLI, MALUR TALUK PIN - 563 130 PRESENT R/AT RUKMANI NILAYA, 2ND STAGE, MARUTHI EXTENSION MALUR TOWN - 563 130 …APPELLANT (BY SRI. ANAND R.V., ADVOCATE) AND: 1. SRI. T. N. VIJAYAKUMAR, AGED ABOUT 28 YEARS, S/O NARAYANASWAMY R/AT DASARAHALLI (V) TEKAL HOBLI, MALUR (T) - 563 130. 2. SRI. MANOHAR S/O BASAVARAJU, AGED ABOUT 26 YEARS, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22522 CRL.A No. 1154 of 2025 R/AT BABU RAO LAYOUT, KUMBARPET MALUR TOWN - 563 130. 3. SRI. H. P. SUNITH KUMAR S/O H L PUTTANNA, AGED ABOUT YEARS, R/AT NO. HUNGENAHALLI (V), KASABA (H), MALUR (T) - 563 130. 4. SRI. R. MUNINARAYANA AGED ABOUT 50 YEARS, DEED WRITER, LICENCE NO. 27/11-12 TALUK OFFICE COMPOUNDED BEHIND MINI VIDHANASOUDHA MALUR TOWN - 563 130. …RESPONDENTS (BY SRI. PUSHPALATHA B., SPP) THIS CRL.A IS FILED U/S 378(4) CR.P.C (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER 20.03.2025 IN CC NO.361/2020 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC AT MALUR, AND ALLOW THE APPEAL AND CONVICT THE RESPONDENTS FOR THE OFFENCES P/U/S 420, 506 R/W 34 OF IPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22522 CRL.A No. 1154 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT Learned counsel for the appellant has filed the appeal under Section 378 (4) of Cr.P.C. The office has raised the objection with regard to the maintainability of the said appeal. The Trial Court acquitted the accused for the offences punishable under Section 420, 506 r/w 34 of IPC. As against the order of acquittal, the appellant herein should have filed an appeal before the Sessions Court by invoking Section 372 of Cr.P.C. 2. In view of the judgment of the Hon'ble Supreme Court in the case of Celestium Financial vs. A.Gnanasekaran Etc.1, it is appropriate to direct the appellant to approach the Sessions Court forthwith. In case, if the appeal is filed by the appellant, the Sessions Court is directed to condone the delay liberally. Ordered, accordingly. 1 2025 SCC OnLine SC 1320 - 4 - HC-KAR NC: 2025:KHC:22522 CRL.A No. 1154 of 2025 3. Registry is directed to return the original documents filed, if any, to the learned counsel for the appellant forthwith. 4. Hence, the appeal stands disposed of. Sd/- (S RACHAIAH) JUDGE AMM List No.: 1 Sl No.: 10