- 1 - HC-KAR NC: 2026:KHC:8614 CRL.A No. 1431 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1431 OF 2024 (A) BETWEEN: 1. GODREJ AGROVET LIMITED A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT GODREJ ONE, 3RD FLOOR, PIROJSHANAGAR, EASTERN EXPRESS HIGHWAY, VIKHROLL (EAST) MUMBAI-400079 AND ITS REGISTERED OFFICE AT NO.497, HMT LAYOUT, 5TH CROSS, 7TH MAIN, V.V. NAGAR, R.T. NAGAR POST, BANGALORE-560032. …APPELLANT (BY SRI. AJITH A. SHETTY, ADVOCATE) AND: 1. MADAHAVA POULTRY FARM A PARTNERSHIP FIRM HAVING IT OFFICE OPPOSITE TO KIRLOSKAR FACTORY, CHIKKANSANKANDI, NEAR TOLL GATE, KOPPAL TALUK, KOPPAL DISTRICT, BY ITS MANAGING PARTNER, MR. KONERU MADHUBABU. 2. SRI KONERU MADHUBABU MANAGING PARTNER OF MADHAVA POULTRY FARM 2ND FLOOR, SRINIVAS APARTMENT, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8614 CRL.A No. 1431 of 2024 VIVEKANAND NAGAR, HOSPET-583201. 3. SMT. SHAILAJA PARTNER OF MADHAVA POULTRY FARM 2ND FLOOR, SRINIVAS APARTMENT, VIVEKANAND NAGAR, HOSPET-583201. …RESPONDENTS THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE ORDER DATED 22.05.2023 PASSED IN C.C.NO.53460/2018 BY THE HON’BLE XIV A.C.M.M., MAYO HALL UNIT, BENGALURU IN PROCEEDING BEARING NUMBER C.C.NO.53460/2018 AS PER DOCUMENT NO.1 THEREBY RESTORING THE MATTER TO ITS FILE AND REOPENING THE SAME FOR ISSUANCE OF PROCLAMATION TO THE CONCERNED ACCUSED. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. This appeal is filed by the appellant/ complainant being aggrieved by the dismissal of complaint vide order 22.05.2023 passed in C.C No.53460/2018 by the XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru (for short "the trial Court"). - 3 - HC-KAR NC: 2026:KHC:8614 CRL.A No. 1431 of 2024 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 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, 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 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 - 4 - HC-KAR NC: 2026:KHC:8614 CRL.A No. 1431 of 2024 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 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 - 5 - HC-KAR NC: 2026:KHC:8614 CRL.A No. 1431 of 2024 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 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 MBM List No.: 1 Sl No.: 28