- 1 - HC-KAR NC: 2026:KHC:4779 CRL.A No. 111 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.111 OF 2026 (A) BETWEEN: M/S. CHIGURU IRRIGATION SYSTEMS HAVING A OFFICE AT THAMLAPURA VILLAGE KASABA HOBLI, HASSAN DISTRICT-573201. ALSO AT: DOOR NO.226, NAIDU WORKSHOP ROAD NEAR RAGHAVENDRA MATTA, NORTH EXTENSION, HASSAN-573201. REP. BY ITS PROPRIETOR SRI ANAND. …APPELLANT (BY SRI RAGHAVENDRA H.S., ADVOCATE) AND: M/S. VEDANTA IRRIGATION SYSTEM PVT. LTD., HAVING ITS OFFICE AT NO.111, 7TH MAIN, 3RD PHASE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058. REP. BY ITS DIRECTOR MR. HANMATH RAO SUDHIR & RAGHU B.A. …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.412/2023 BY ALLOWING THIS PETITION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4779 CRL.A No. 111 of 2026 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant-accused has preferred this appeal against the judgment passed by the LXVI Additional City Civil and Sessions Judge, Bengaluru City (CCH-67) in Crl. A. No.412/2023 dated 13.11.2025. 2. The respondent-M/s. Vendanta Irrigation System Pvt. Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881. The same was registered in C.C. No.17470/2021. The Trial Court convicted the accused for the offence punishable under Section 138 of NI Act and sentenced him to pay a fine of ` 5,77,404/-. Being aggrieved by the judgment of conviction and order on sentence, the accused preferred an appeal before the LXVI Additional City Civil and Sessions Judge, Bengaluru in Crl. A. No.412/2023, which came to be dismissed on 13.11.2025, thereby confirming the judgment of conviction and order on sentence passed - 3 - HC-KAR NC: 2026:KHC:4779 CRL.A No. 111 of 2026 by the Trial Court in C.C. No.17470/2021 dated 13.03.2023. 3. The office has raised office objection regarding maintainability of the appeal, contending that the appellant has challenged the order of conviction passed by the Additional Chief Metropolitan Magistrate, which has already been confirmed by the Sessions Court. The present appeal under Section 378 (1) of Code of Criminal Procedure, 1973 is not maintainable against concurrent findings of the Trial Court and Appellate Court. Hence, I proceed to pass the following: ORDER i. The criminal appeal is dismissed as not maintainable. ii. However, the appellant is at liberty to challenge the judgment of conviction passed by the Trial Court and affirmed by the Appellate Court before the competent Court in accordance with law. - 4 - HC-KAR NC: 2026:KHC:4779 CRL.A No. 111 of 2026 iii. The office is directed to return the certified copies of the judgment and other documents, if any, to the appellant. iv. The appellant is permitted to avail the benefit of Section 14 of the Indian Limitation Act, 1963. Sd/- (G BASAVARAJA) JUDGE MBM List No.: 1 Sl No.: 10