- 1 - HC-KAR NC: 2026:KHC:631 CRL.A No. 82 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 82 OF 2014 (A) BETWEEN: K N VENKATARAMAIAH S/O NARAYANASWAMY, AGED ABOUT 80 YEARS, R/AT KANDAVARA, 7TH DIVISION, CHICKBALLAPURA CITY- 562101. …APPELLANT (BY SRI. NARASIMHA MURTHY L., ADVOCATE) AND: B V MALLIKARJUNA S/O NOT KNOWN, AGED ABOUT 50 YEARS, PROP: SRI AMBIKA MEDICALS, SIR M.V. ROAD, CHICKBALLAPUR CITY, R/AT GIRLS SCHOOL ROAD CROSS, CHICKBALLAPUR CITY- 562101. …RESPONDENT (BY SRI. P. RAVICHANDRA, ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV. FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 17.12.2012 PASSED BY THE PRL. C.J. AND J.M.F.C., CHICKBALLAPUR IN C.C.NO.600/2009 ALLOW THIS APPEAL BY CONVICTING THE ACCUSED AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:631 CRL.A No. 82 of 2014 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the order dated 11.09.2017 in Crl.A.No.23/2013 passed by the Principal District and Sessions Judge, Chickaballapur. 2. The brief facts leading to this appeal is that the present complainant K.N.Venkataramaiah had lodged a complaint under Section 138 of N.I.Act. After taking cognizance, case was registered in CC No.600/2009. After appearance of accused, trial was conducted and accused was acquitted by the Principal Civil Judge and JMFC, Chikkaballapur. Being aggrieved by the judgment of acquittal the appellant/complainant has preferred an appeal before the Principal District and Sessions Judge, Chickaballapur in Crl.A.No.23/2013. The Sessions Court has passed the order as under: - 3 - HC-KAR NC: 2026:KHC:631 CRL.A No. 82 of 2014 "It is ordered to return this appeal to the appellant for the purpose of presentation to the proper court. ii. Appellant is directed to appear before this court and receive the appeal memo, with annexures for needful." 3. As against this order, the appellant has preferred this appeal before this Court. In view of recent decision of Hon'ble Apex Court in the case of "Celestium financial vs. A.Gnanasekaran etc.” the victim/complainant can prefer appeal under Proviso to Section 372 of Cr.P.C., before the Sessions Court. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The order passed by the Principal District and Sessions Judge, Chikkaballapura in Crl.A.No.23/2013 dated 11.09.2017 is set aside. - 4 - HC-KAR NC: 2026:KHC:631 CRL.A No. 82 of 2014 iii. The appeal filed before the District and Sessions Court, Chikkaballapura in Crl.A.No.23/2013 shall be restored. iv. The Sessions Court shall proceed with the case in accordance with law. v. Registry is directed to send the copy of this order along with TCR to the Principal District and Sessions Court, Chikkaballapura. Sd/- (G BASAVARAJA) JUDGE GPG List No.: 1 Sl No.: 36