- 1 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 167 OF 2016 (A) C/W CRIMINAL APPEAL NO. 168 OF 2016 (A) CRIMINAL APPEAL NO. 169 OF 2016 (A) IN CRL.A No. 167/2016 BETWEEN: M/S. ACE KRAFT RESTAURANT (P) LIMITED (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956), HAVING ITS REGISTERED OFFICE AT NO. 793, 8TH "A" MAIN, 5TH CROSS, 4TH BLOCK, KORAMANGALA, BANGALORE-560 034. REPRESENTED BY ITS MANAGING DIRECTOR, SRI. K. ABDUL RAZACK. …APPELLANT (BY SRI. CHRISTOPHER NOEL A.,ADVOCATE) AND: THE JUNGLE PARK AND RESORTEL (BANGALORE) PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, WITH ITS REGISTERED, OFFICE AT NO.43, 1ST FLOOR, 5TH MAIN, 5TH CROSS, MALLESHWARAM, BANGALORE-560 003. REPRESENTED BY ITS MANAGING DIRECTOR, MR.R. SAMPATH KUMAR. …RESPONDENT Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 (BY SMT. D KAVITHA .,ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.12.2015 PASSED BY THE XXVII ADDL.C.M.M., BANGALORE CITY IN C.C.NO.22773/2014 - ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT. IN CRL.A NO. 168/2016 BETWEEN: M/S. ACE KRAFT RESTAURANT (P) LIMITED (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956), HAVING ITS REGISTERED OFFICE AT NO. 793, 8TH "A" MAIN, 5TH CROSS, 4TH BLOCK, KORAMANGALA, BANGALORE-560 034. REPRESENTED BY ITS MANAGING DIRECTOR, SRI. K. ABDUL RAZACK. ...APPELLANT (BY SRI. CHRISTOPHER NOEL A.,ADVOCATE) AND: THE JUNGLE PARK AND RESORTEL (BANGALORE) PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, WITH ITS REGISTERED, OFFICE AT NO.43, 1ST FLOOR, 5TH MAIN, 5TH CROSS, MALLESHWARAM, BANGALORE - 560 003. REPRESENTED BY ITS MANAGING DIRECTOR, MR.R. SAMPATH KUMAR. ...RESPONDENT (BY SRI. D KAVITHA.,ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 THIS CRIMINAL APPEAL FILED UNDER SECTION 378(4) PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 19.12.2015 PASSED BY THE XXVII A.C.M.M., BANGALORE IN C.C.NO.18755/2012 CONNECTED WITH C.C.NO.22773/2014 AND C.C. NO.27431/2014 ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. IN CRL.A NO. 169/2016 BETWEEN: M/S. ACE KRAFT RESTAURANT (P) LIMITED (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956), HAVING ITS REGISTERED OFFICE AT NO. 793, 8TH "A" MAIN, 5TH CROSS, 4TH BLOCK, KORAMANGALA, BANGALORE-560 034. REPRESENTED BY ITS MANAGING DIRECTOR, SRI. K. ABDUL RAZACK. ...APPELLANT (BY SRI. CHRISTOPHER NOEL A.,ADVOCATE AND: THE JUNGLE PARK AND RESORTEL (BANGALORE) PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, WITH ITS REGISTERED, OFFICE AT NO.43, 1ST FLOOR, 5TH MAIN, 5TH CROSS, MALLESHWARAM, BANGALORE-560 003. REPRESENTED BY ITS MANAGING DIRECTOR, MR.R. SAMPATH KUMAR. ...RESPONDENT (BY SRI. D KAVITHA .,ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL PASSED BY THE XXVII A.C.M.M., BANGALORE IN C.C.NO.18755/2012 CONNECTED WITH - 4 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 C.C.NO.22773/2014 AND C.C. NO.27431/2014 ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. These appeals are filed by the appellant/complainant being aggrieved by the Judgment of acquittal dated 19.12.2015 passed in CC.No.18755/2012, CC.No.22773/2014 and CC.No.27431/2014 by the XXVII Additional Chief Metropolitan Magistrate, Nrupathunga Road, Bengaluru City (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 CrPC was inserted in the statue 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, - 5 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of CrPC, 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 proviso to Section 372 and need not advert to sub-section (4) of Section 378 of Cr.PC." 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 against the judgment of acquittal passed by the trial Court before the Sessions Court, since he is considered to be a victim. If this Court were to proceed to hear and decide these appeals at this stage, it could deprive the parties of an available forum, i.e. this Court, for further challenge. 4. Similar view has been taken by the High Court of Andhra Pradesh in CHARBEL INDIA V. STATE OF ANDHRA PRADESH reported in 2025 SCC ONLINE AP 2815; by the High Court of Madhya Pradesh in MANORAMA KANKANE v. NARENDRA KUMAR SHUKLA rendered in Criminal Appeal No.5910 of 2025 decided on 03rd July, 2025; and in the case of LATE KISAN SEWA KENDRA v. PRITAM SINGH reported in 2025 - 6 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 SCC ONLINE MP 4818; and in SMT. URMIT MADRAH v. SAMARPAN JAIN rendered Criminal Appeal No. 11872 of 2022 decided on 21st July, 2025; the decision of High Court of Chattisgarh in NEELAM SAHU v. NARADNAGWANSHI rendered in ACQA No. 340 of 2018 decided on 16th July, 2025; and in SMT. KIRTI KURIAN v. AJAY SINGH rendered in ACQA No. 198 of 2019 decided on 16th July, 2025; the judgment of this Court in the case of SIDAGONDAPPA v. SHAFI AHAMAD rendered in CRL.A. No. 20021/2018 decided on 31st July, 2025 and in SRI T.H. LENKAPPA v. SRI SANJAY AND ANOTHER rendered in Criminal Appeal No.146 of 2015 decided on 23rd July, 2025; the decision of High Court of Delhi in the case of D.K. ASSOCIATES v. SHANKAR AND ANOTHER rendered in Criminal Appeal No.694 of 2016 decided on 13th November, 2025 and the decision rendered by the Co-ordinate Bench of this Court in the case of M/S. ANANYA ENTERPRISES v. SRI G.S. GOPALAKRISHNA rendered in Criminal Appeal No.100171 of 2016 decided on 24th November, 2025. An overall assessment of the aforestated decisions reveals that the decision of the Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL - 7 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 (supra) has been relied upon by this Court, as well as other High Courts across the country. 5. Considering the above, it is deemed fit that these appeals be transferred to the concerned appellate Court of Sessions and be considered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 of Cr.PC) and numbered accordingly. Accordingly, I proceed to pass the following: O R D E R i. Registry is directed to transfer the entire record of the case, including the requisitioned copies of the trial court Records, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having the jurisdiction and for which 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; - 8 - HC-KAR NC: 2025:KHC:53916 CRL.A No. 167 of 2016 C/W CRL.A No. 168 of 2016 CRL.A No. 169 of 2016 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 matters 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 the parties are left open to be agitated before the Court concerned. 6. In the light of the above observation and directions, appeals stand disposed of. SD/- (G BASAVARAJA) JUDGE NR/- List No.: 3 Sl No.: 130