- 1 - HC-KAR NC: 2025:KHC:56255 CRL.A No. 1752 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1752 OF 2018 (A-) BETWEEN: 1. MR M A THIMMAIAH S/O.LATE M.C.APPANNA, R/AT.NO.767, CHETAN LAYOUT, BTM 4TH PHASE, BANNERUGHATTA ROAD, BANGALORE-560076. …APPELLANT (BY SRI. SURESHA., M& SRI.NARAYANA SHETTY., ADVOCATES) AND: 1. MR PRAMOD M R S/O.RAMACHANDRA RAO, R/A.B-1/803, ACCOLADE-CO-OPERATIVE HOUSING SOCIETY LTD., NEAR TO STATE BANK OF INDIA, KHARADI BRANCH, MUNDWA ROD, KHARADI, PUNE-411014. …RESPONDENT (BY SRI. .,ADVOCATE) CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE DISMISSAL ORDERS DATED 01.12.2016 PASSED BY THE XIX ADDL.C.M.M., BENGALURU IN C.C.NO.15057/2012 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:56255 CRL.A No. 1752 of 2018 ORAL JUDGMENT 1. This appeal is filed by the appellant/ complainant being aggrieved by the dismissal of complaint vide order dated 01.12.2016 passed in C.C No.15057/2012 by the XIX Additional Chief Metropolitan Magistrate, Bangalore (for short "the trial Court"). 2. The Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC ONLINE SC 1320, at paragraph 10 of the judgment, has observed as under: "10. As already noted, the proviso to Section 372 of Cr.P.C. was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of Cr. P.C., irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the - 3 - HC-KAR NC: 2025:KHC:56255 CRL.A No. 1752 of 2018 proviso to Section 372 and need not advert to sub-section (4) of Section 378 of Cr. P.C." 3. In the light of the Hon'ble Supreme Court's recent clarification of the legal position, it is now evident that the appellant, being the complainant under Section 138 of Negotiable Instruments Act, 1881, is also entitled to file an appeal before the Sessions Court. If this Court were to proceed to hear and decide the appeal at this stage, it could deprive the parties of an available forum, i.e. this Court, for further challenge. 4. Considering the above, it is deemed fit that the present appeal be transferred to the concerned appellate Court of Sessions. Accordingly, I pass the following: O R D E R i. Registry is directed to transfer the entire record of the case to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having the jurisdiction and for which - 4 - HC-KAR NC: 2025:KHC:56255 CRL.A No. 1752 of 2018 purpose, it would be listed before the Principal District & Sessions Judge; ii. The concerned transferee court is directed to issue Court notice to both the parties to appear before the concerned Court, and the concerned Court, thereafter, shall proceed with the case in accordance with law; iii. In case there are applications pending for condonation of delay or any other pending applications, the same also be transferred to be considered by the learned Judge of transferee Court, in accordance with law; iv. Considering the matter has been pending for considerable time, the Appellate Court is requested to make an endeavour to dispose of the matter as expeditiously as possible; v. The appellant is permitted to carry out necessary amendment in the cause-title and also the provisions thereof; vi. It is made clear that this Court has not made any observations as to the merits of the case and all rights and contentions of - 5 - HC-KAR NC: 2025:KHC:56255 CRL.A No. 1752 of 2018 the parties are left open to be agitated before the Court concerned. 5. In the light of the above observation and directions, appeal stands disposed of. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 2 Sl No.: 26