- 1 - HC-KAR CNR: KAHC010172942022 NC: 2026:KHC:52383 CRL.A No. 704 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 704 OF 2022 (A) BETWEEN: 1. M/S FLEX-I PARTNERS PREVIOUSLY A PARTNERSHIP FIRM NOW A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 RENAMED AS FLEXI HR CONSULTANTS PRIVATE LIMITED REPRESENTED BY MS.NEETHA SHIVASHARANAPPA POOJARI AGED ABOUT 43 YEARS RESIDING AT 61/2 3RD CROSS, 7TH MAIN RAGHAVENDRA NAGAR RAMMORTHY NAGAR POST BANGALORE-560 016. …APPELLANT (BY SRI. VIKHAR AHMED B., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY INSPECTOR OF POLICE COMMERCIAL STREET POLICE STATION NO.67, COMMERCIAL STREET Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010172942022 NC: 2026:KHC:52383 CRL.A No. 704 of 2022 FRAZER TOWN, SHIVAJINAGAR BANGALORE-01. 2. MR. SANIL PILLAI S/O MR.R.S.PILLAI AGED ABOUT 39 YEARS R/AT NO.49, BALAJI LAYOUT SINGAPURA VILLAGE VIDYARAYANPURA BANGALORE-560 097. 3. MRS. SIMMI PILLAI W/O MR.SANIL PILLAI AGED ABOUT 34 YEARS R/AT SAI DEEPA COMPLEX 1ST FLOOR, NEAR MASJID GOKULAM ROAD, PUTPARTHI ANDHRA PRADESH-515 734. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1) THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 07.02.2022 PASSED BY THE I A.C.M.M. IN C.C.NO.11471/2015 VIDE ANNEXURE-A AND REMAND THE C.C.NO.11471/2015 BACK TO THE FILE OF I A.C.M.M. FRESH CONSIDERATION IN ACCORDANCE WITH LAW. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010172942022 NC: 2026:KHC:52383 CRL.A No. 704 of 2022 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the judgment of acquittal passed by the I Addl. CMM, Bengaluru in C.C.No.11471/2015 which pertains to offence punishable under Section 509 read with Section 34 of IPC and Sections 66A and 67 of the Information Technology Act, 2000 (for short 'IT Act, 2000'). The appellant has preferred this appeal under Section 378(4) of Code of Criminal Procedure, 1973. 2. In view of Section 378(1)(a) of Cr.P.C., for an order of acquittal passed by the Magistrate in respect of cognizable and non-bailable offence, an appeal lies to the Court of Sessions. 3. The offence under Section 66A of the IT Act, 2000 is punishable with imprisonment for a term which may extend to three years and with fine. Offence under Section 67 of the IT Act, 2000 is also punishable with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees. The said - 4 - HC-KAR CNR: KAHC010172942022 NC: 2026:KHC:52383 CRL.A No. 704 of 2022 offences are non-bailable and cognizable offences. Hence, I proceed to pass the following: ORDER (i) The appellant is directed to present this complaint before the Court of Sessions; (ii) Registry is directed to return the appeal memo along with necessary documents to the appellant to present the same before the Court of Sessions; (iii) The appellant can avail the benefit of Section 14 of the Limitation Act, 1963. The appeal stands disposed of accordingly. Sd/- (G BASAVARAJA) JUDGE PGG List No.: 1 Sl No.: 14