- 1 - HC-KAR NC: 2026:KHC:25463 CRL.A No. 572 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL APPEAL NO. 572 OF 2022 BETWEEN: M/S VIDYA FINANCE (R) UDUPI IST FLOOR BESTCO COMPLEX D NO.9-4-70 CHITHARANJAN CIRCLE UDUPI -576 101 REPRESENTED BY ITS MANAGER SRI P ANANTHARAJ RAO AGED 45 YEARS S/O LATE P RAMACHANDRA RAO R/AT SRI RAM D NO.9-4-70 NEAR MESCOM MARUTHI VEETHIKA UDUPI -576101. …APPELLANT (BY SRI SUDESH KUMAR ACHARYA U, ADV.) AND: T.M. TANVEER AGED ABOUT 38 YEARS S/O LATE T.M. THAHEER R/O U.B. ROAD MALPE -576 108 MALPE POST UDUPI TALUK AND DISTRICT. …RESPONDENT (BY SRI H. MANJUNATH, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25463 CRL.A No. 572 of 2022 THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO MAY BE PLEASED TO SET ASIDE THE JUDGMENT PASSED IN C.C.NO.1227/2013 ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, UDUPI DATED 13.08.2021. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL JUDGMENT 1. This appeal is filed by the complainant challenging the judgment and order of acquittal passed by the Trial Court in C.C.No.1227/2013 dated 13.08.2021 wherein the respondent - accused has been acquitted of the offence punishable under Section 138 of N.I. Act. 2. The Hon'ble Supreme Court in the case of M/S CELESTIUM FINANCIAL V. A. GNANASEKARAN ETC., - (2025) SCC ONLINE SC 1320 has held that as against judgment and order of acquittal passed by the Trial Court an appeal filed under Section 372 of Cr.P.C, is maintainable even in respect of the cases registered for the offence punishable under Section 138 of N.I. Act. 3. Under the circumstances, this appeal filed under Section 378(4) of Cr.P.C, is directed to be transferred by the - 3 - HC-KAR NC: 2026:KHC:25463 CRL.A No. 572 of 2022 registry to the jurisdictional Sessions Court which shall treat the appeal filed under Section 372 of Cr.P.C, and dispose of the same on its merits. 4. For Statistical purpose, the appeal stands disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 2 Sl No.: 8