- 1 - HC-KAR NC: 2025:KHC:52743 CRL.A No. 1365 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1365 OF 2017 BETWEEN: SMT. SAROJAMMA B W/O RAMA SHETTY H. V. AGED ABOUT 63 YEARS, R/O GOPIKA COMPOUND, KANCHUGAR STREET, NEAR SUGGIKAL, CHIKMAGALUR CITY - 577 101 …APPELLANT (BY SRI. R. B. DESHPANDE., ADVOCATE) AND: BOMME GOWDA S/O RAME GOWDA, @ PUTTASWAMY GOWDA AGE: MAJOR, OCC: CONTRACOTR, R/O SADARAHALLI VILLAGE, HIREGOUJA POST, CHIKKAMAGALUR TALUK - 577 168 …RESPONDENT (BY SRI. K. S. GANESH., ADVOCATE - ABSENT) THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 23.09.2014 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AT CHIKKAMAGALURU IN C.C.NO.360/2014 AND CONVICT THE RESPONDENT FOR Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52743 CRL.A No. 1365 of 2017 OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT, IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the judgment dated 30th October 2015 in Criminal Appeal No.155/2014 passed by the I Addl. District and Sessions Judge, Chikkamagaluru, whereby the Appeal came to be dismissed on the ground of maintainability. 2. For the sake of convenience, the parties herein are referred to their rank as before the trial Court. 3. The brief facts leading to this appeal are that the complainant-Sarojamma had filed a private complaint under Section 200 of Cr.P.C., read with Section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as ‘the N.I.Act’, for short) against the accused, in P.C.R.No.506/2008 on the file of Additional Civil Judge (Jr.Dn.) Chikkamagaluru. After taking cognizance, the - 3 - HC-KAR NC: 2025:KHC:52743 CRL.A No. 1365 of 2017 criminal case was registered in C.C.No.1969/2008, and thereafter, summons was issued to the accused. The accused appeared before the Trial Court and was enlarged on bail. 4. It is further case of the complainant that in terms of the order dated 12.04.2014 of the Chief Judicial Magistrate, Chikkamagaluru, the said criminal case was transferred to the Court of II Addl. Senior Civil Judge and JMFC., Chikkamagaluru. Thereafter, the said case was renumbered as C.C.No.360/2014 and trial was conducted. After the trial, the Trial Court has acquitted the accused for the offence punishable under Section 138 of N. I. Act, vide judgment dated 23rd September, 2014. Being aggrieved by the judgment of acquittal, the complainant has preferred an appeal before the I Addl. District and Sessions Judge, Chikkamagaluru, in Crl.A.No.155/2014. Being aggrieved by the said order, the appellant/ complainant has preferred this appeal. - 4 - HC-KAR NC: 2025:KHC:52743 CRL.A No. 1365 of 2017 5. Heard the learned Counsel for the appellant and examined the materials placed before this Court. 6. The learned Sessions Judge, vide judgment dated 30th October, 2015 has passed the following: ORDER "The appeal field by the appellant under Section 372(2) of Cr.P.C., against the judgment of acquittal passed by the learned II Addl. Senior Civil Judge and JFMC., Chikkagamaluru, in C.C.No.360/2014, dated 23.09.2014 for the offence punishable under Section 138 of Negotiable Instruments Act, hereby dismissed as not maintainable. No order as to costs Send back the L.C.R. along with a copy of the judgment to the concerned court." 7. The proviso to Section 372 of Cr.P.C., was inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 29, w.e.f., 31.12.2009. In view of the above amendment, the appeal against the acquittal pertaining to Section 138 of N. I. Act, lies before the Sessions Court. Relying on the recent decision of the - 5 - HC-KAR NC: 2025:KHC:52743 CRL.A No. 1365 of 2017 Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC OnLine SC 1320, the appeal is maintainable before the Court of Sessions. 8. Accordingly, I proceed to pass the following: ORDER (i) The Criminal Appeal is allowed. (ii) The judgment dated 30th October 2015, in Criminal Appeal No.155/2014 passed by the I Addl. District and Sessions Judge, Chikkamagaluru, is set aside. (iii) The Criminal Appeal No.155/2014 shall be restored to its original file. (iv) The learned Sessions is hereby directed to proceed with the case in accordance with law. (v) The appellant/complainant is directed to appear before the I Addl. District and Sessions Judge, Chikkamagaluru, in - 6 - HC-KAR NC: 2025:KHC:52743 CRL.A No. 1365 of 2017 Criminal Appeal No.155/2014, without seeking any further notice from the said Court on 21.01.2026. Registry is directed to send Sessions Court and Trial Court Records along with a copy of this order to the I Addl. District and Sessions Judge, Chikkamagaluru for taking necessary steps. Sd/- (G BASAVARAJA) JUDGE DL