- 1 - HC-KAR NC: 2025:KHC-K:7907 CRL.P No. 202075 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.202075 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHANTAGOUDA S/O BHIMARAYAGOUDA, AGE: 51 YEARS, OCC: AGRICULTURE, R/O KOTI MOHOLLA, TQ. SHORAPUR, DIST. YADGIR - 585224 …PETITIONER (BY SRI. NANDKISHORE BOOB, ADVOCATE) AND: J. VEERAPRASAD AGE: 51 YEARS, OCC: BUSINESS, R/O SAI NAGAR, VILLAGE. DEVAPUR, TQ. SHORAPUR, DIST. YADGIR - 585224 NOW PRESENTLY RESIDING AS UNDER, J VEERA PRASAD S/O HANAMANTAPPA, AGE: 57 YEARS, OCC: BUSINESS, R/O. BASAPATTANA, TQ. GANGAWATHI, DIST. KOPPAL – 583235. …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS (NEW), UNDER SECTION 482 OF CR.P.C.(OLD), PRAYING TO CALL FOR THE ENTIRE RECORDS AND SET ASIDE THE ORDER DATED 14.10.2025 IN C.C NO. 2166/2022 PASSED Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7907 CRL.P No. 202075 of 2025 BY HONOURABLE PRINCIPAL CIVIL JUDGE AND JMFC SHORAPUR AND OPPORTUNITIES MAY BE GIVEN TO THE COMPLAINANT TO PROSECUTE HIS CASE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The private complaint filed under Section 138 of N.I. Act is dismissed for default post appearance of accused. 2. The Hon’ble Apex Court in Celestium Financial Services (P) Ltd. v. A. Gnanasekaran & Others1 has now authoritatively held that a complainant has an independent statutory remedy under Section 372 of the Code of Criminal Procedure, 1973 to challenge an order by filing an appeal before the jurisdictional District and Sessions Court. The said principle has been subsequently followed by the Delhi High Court in Deepak v. Manish Gupta2. 1 2025 SCC Online 1320 2 Crl.L.P.196/2022 - 3 - HC-KAR NC: 2025:KHC-K:7907 CRL.P No. 202075 of 2025 3. In view of the above declaration of law, the present petition, which is instituted before this Court, is required to be transferred to the competent appellate forum, namely the learned District and Sessions Court/Appellate Court having jurisdiction. Accordingly, the petition deserves to be remitted to the said Court for consideration on merits. 4. The learned District and Sessions Court/ Appellate Court is directed to issue necessary notice to the accused and thereafter, secure the presence of both parties before the Court. Since the petitioner is represented by a counsel, he is directed to appear before the learned District Court on 10.2.2026. 5. The Registry is directed to forthwith transmit the entire papers including the memorandum of petition, to the jurisdictional District and Sessions Court/Appellate Court. - 4 - HC-KAR NC: 2025:KHC-K:7907 CRL.P No. 202075 of 2025 6. The learned counsel for the petitioner is at liberty to carry out necessary amendments to the petition and to invoke the appropriate statutory provision after the papers are received and numbered by the District and Sessions Court/Appellate Court. For statistical purposes, the present petition stands disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 6 CT:SI