- 1 - HC-KAR NC: 2026:KHC:4675 CRL.A No. 2557 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2557 OF 2025 (C) BETWEEN: MR. P. A. SAFEEQ S/O. HASAN @ ASAN, AGED ABOUT 32 YEARS, R/AT HALLIGATTU VILLAGE, PONNAMPET POST, VIRAJPET TALUK, KODAGU DISTRICT. …APPELLANT (BY SRI. SUNIL KUMAR .R, ADVOCATE) AND: MR. CHEERANDA. D SUNIL S/O. LATE DEVAIAH, AGED ABOUT 37 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4675 CRL.A No. 2557 of 2025 R/AT KOTRAKOLLI VILLAGE, PONNAMPET TALUK, KODAGU DISTRICT. …RESPONDENT THIS CRL.A IS FILED U/S 374(2) CR.PC (FILED U/S 415 OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGEMENT ORDER OF CONVICTION AND SENTENCE DATED 01.03.2021 PASSED IN CC.NO.686/2017 BY THE CIVIL JUDGE AND JMFC, PONNAMPET, AND THE JUDGEMENT DATED 20.09.2025 PASSED IN CRL.A. NO.5008/2021 BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI AT VIRAJPET AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2026:KHC:4675 CRL.A No. 2557 of 2025 ORAL JUDGMENT The appellant has preferred this appeal against the judgment passed by the II Addl. District and Sessions Judge, Kodagu-Madikeri, Sitting at Virajpet in Crl.A.No.5008/2021 dated 20.09.2025. 2. The complaint under Section 138 of NI Act, same was registered in CC.No.686/2017 on the file of the Civil Judge and JMFC, Ponnampet. The learned Civil Judge and JMFC has convicted the accused for the offence under Section 138 of NI Act and sentenced to pay a fine of Rs.4,00,000/- as per judgment dated 01.03.2021. Being aggrieved by this judgment of conviction and order on sentence passed by the Trial Court, the appellant-P.A. Safeeq has preferred appeal in Crl.A.No. 5008/2021. Same came to be dismissed on 20.09.2025. The appellant has preferred this appeal against the judgment passed by the Appellate Court. Hence, this appeal is not maintainable before this Court. Office has rightly raised objection in this regard. Office objection is upheld and I proceed to pass the following: - 4 - HC-KAR NC: 2026:KHC:4675 CRL.A No. 2557 of 2025 ORDER i) The appeal is dismissed as not maintainable. ii) However, the appellant is at liberty to proceed against the respondent in accordance with law against the judgment passed by the First Appellate Court. iii) Registry is directed to return the copy of the judgment produced by the appellant. iv) The appellant can avail the benefit of the provisions of Section 14 of Indian Limitation Act, 1963. SD/- (G BASAVARAJA) JUDGE BN List No.: 1 Sl No.: 8