Disposed

A M Prasanna v. Sri J K Basavaraj

Karnataka HC16 Feb 2026CRL.A/167/2025

Case brief

AI extract

What is this about?

The High Court of Karnataka, relying on a Supreme Court decision, held that a complainant pursuing an appeal under Section 378(4) of Cr.P.C. for a cheque bounce case is entitled to prefer the appeal before the High Court under the proviso to Section 372 Cr.P.C. The appeal was disposed of with a direction to transfer the record to the Sessions Court as an appellate forum, permitting amendment of th

What did the court decide?

The appeal was disposed of; the record was directed to be transferred to the Sessions Court, and the parties were directed to amend the cause title.

A M Prasanna Vs Sri J K Basavaraj — Constitutional and Fundamental Rights | Karnataka HC (2026)

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NC: 2026:KHC:9684 CRL.A No. 167 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA

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CRIMINAL APPEAL NO.167 OF 2025 (A)

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BETWEEN:

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A M PRASANNA

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SON OF LATE MANJUNATHA GOWDA AGED ABOUT 64 YEARS RA./T HEECHAHALLI ESTATE HEREKERE VILLAGE AND POST GONIBEEDU HOBLI MUDIGERE TALUK

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CHIKKAMAGALUR DISTRICT - 577132

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…APPELLANT

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(BY SRI. VASANTH MADHAVA S, ADVOCATE)

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AND:

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SRI J K BASAVARAJ

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AGED ABOUT 68 YEARS POLICE HEAD CONSTABLE KOPPA POLICE STATION

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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KOPPA TALUK CHIKKAMAGALURU - 577132

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…RESPONDENT

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THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER/JUDGMENT IN C.C.NO.447/2021 ON THE FILES OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE DTD 08.11.2022 DISMISSING THE COMPLAINT FOR DEFAULT.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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NC: 2026:KHC:9684 CRL.A No. 167 of 2025

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/

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complainant being aggrieved by the dismissal of complaint vide order dated 08.11.2022 passed in C.C No.447/2021 by the Senior Civil Judge and JMFC., Mudigere (for short "the trial Court")

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The Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL v. A GNANASEKARAN ETC. reported in 2025 SCC ONLINE SC 1320, at paragraph 10 of the judgment, has observed as under:

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" 10. As already noted, the proviso to Section 372 of Cr.P.C. was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of Cr. P.C., irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the

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NC: 2026:KHC:9684 CRL.A No. 167 of 2025

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HC-KAR

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proviso to Section 372 and need not advert to sub-section (4) of Section 378 of Cr. P.C. "

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In the light of the Hon'ble Supreme Court's

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recent clarification of the legal position, it is now evident that the appellant, being the complainant under Section 138 of Negotiable Instruments Act, 1881, is also entitled to file an appeal before the Sessions Court. If this Court were to proceed to hear and decide the appeal at this stage, it could deprive the parties of an available forum,

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i.e. this Court, for further challenge.

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Considering the above, it is deemed fit that the

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present appeal be transferred to the concerned appellate Court of Sessions. Accordingly, I pass the following:

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O R D E R

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i. Registry is directed to transfer the entire record of the case to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having the jurisdiction and for which

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NC: 2026:KHC:9684 CRL.A No. 167 of 2025

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HC-KAR

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purpose, it would be listed before the Principal District & Sessions Judge;

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ii. The concerned transferee court is directed to issue Court notice to both the parties to appear before the concerned Court, and the concerned Court, thereafter, shall proceed with the case in accordance with law;

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iii. In case there are applications pending for condonation of delay or any other pending applications, the same also be transferred to be considered by the learned Judge of transferee Court, in accordance with law;

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iv. Considering the matter has been pending for considerable time, the Appellate Court is requested to make an endeavour to dispose of the matter as expeditiously as possible;

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v. The appellant is permitted to carry out necessary amendment in the cause-title and also the provisions thereof;

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vi. It is made clear that this Court has not made any observations as to the merits of the case and all rights and contentions of

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NC: 2026:KHC:9684 CRL.A No. 167 of 2025

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HC-KAR

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the parties are left open to be agitated before the Court concerned.

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In the light of the above observation and

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directions, appeal stands disposed of .

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Sd/(G BASAVARAJA) JUDGE

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List No.: 1 Sl No.: 19

A M Prasanna v. Sri J K Basavaraj

Case brief

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A M Prasanna v. Sri J K Basavaraj

Case brief

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