- 1 - NC: 2025:KHC:4622 CRL.A No. 258 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 258 OF 2025 (C) BETWEEN: E.M. REBELLO S/O LATE FRANK X REBELLO AGE 64 YEARS R/O HOLY ROSARY COTTAGE MOODUKUDRU, KALYANPUR UDUPI TALUK UDUPI DISTRICT-574 118 …APPELLANT (BY SRI. PRASAD B.S, ADVOCATE) AND: SHANTHI K W/O GOPINATH RAO AGE 57 YEARS R/O H.NO.39, 7TH CROSS ASTHMANDA COLONY SULTHAN PALYA, R.T.NAGAR POST BENGALURU-560 032 …RESPONDENT THIS CRL.A IS FILED U/S 374(2) CR.PC (FILED U/S 415(2) BNSS) PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 04.12.2013 PASSED BY THE PRL.CIVIL JUDGE AND J.M.F.C AT UDUPI IN C.C.NO.6440/2007 THEREBY ACQUITTING THE RESPONDENT FOR THE OFFFENCE P/U/S 138 OF N.I ACT AND SET ASIDE AFORESAID JUDGMENT AND ORDER OF ACQUITTAL DATED 04.12.2013 PASSED BY THE PRL.CIVIL JUDGE AND J.M.F.C AT UDUPI IN C.C.NO.6440/2007 THEREBY ACQUITTING THE RESPONDENT FOR THE OFFENCE P/U/S 138 OF N.I ACT BY ALLOWING THIS CRL.A AND ETC. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4622 CRL.A No. 258 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.B.S.Prasad, learned counsel for the appellant on maintainability of the appeal. 2. The appellant is the complainant before the trial Court in C.C.No.6440/2007 on the file of the Principal Civil Judge and JMFC, Udupi wherein the appellant had sought for action against the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. The said criminal case ended in acquittal. 3. Instead of filing the appeal before this Court, the appellant choose to file the appeal before the District Court, Udupi in Crl.A.No.4/2014. 4. Learned judge in the First Appellate Court without noticing that he had no jurisdiction to entertain an appeal against the order of acquittal, has considered the - 3 - NC: 2025:KHC:4622 CRL.A No. 258 of 2025 appeal on merits and allowed the appeal and whereby the order of acquittal passed by the learned magistrate in C.C.No.6440/2007 was reversed. 5. Being aggrieved by the same, accused filed the revision petition before this Court in Crl.RP No.1238/2016. 6. Appellant herein was the respondent in the said revision petition did not bring it to the notice of this Court that the First Appellate Court had no jurisdiction and therefore, order could be set aside with liberty for the complainant to file appropriate appeal before this Court and contest the matter on merits. 7. Learned judge heard the case on merits and allowed the revision petition and whereby the order of acquittal passed by the learned trial magistrate in C.C.No.6440/2007 was upheld. 8. The only remedy for the appellant was to challenge the order of the revision Court as well as the order of the First Appellate Court before the next higher - 4 - NC: 2025:KHC:4622 CRL.A No. 258 of 2025 forum and should have sought liberty to file appropriate appeal before this Court challenging the order of acquittal passed in C.C.No.6440/2007. 9. For the reasons best known to the appellant, he did not do so. On the contrary, he has filed this appeal before this Court and now challenging the order of acquittal passed in C.C.No.6440/2007 which is impermissible in law as the appellant has already sought the relief before the First Appellate Court and got the relief which was reversed by this Court on merits in the Criminal Revision Petition No.1238/2016. 10. Accordingly, the appeal is not maintainable and hereby dismissed. Sd/- (V SRISHANANDA) JUDGE NS List No.: 1 Sl No.: 9