Disposed¶45

Sri.Bharath Kumar v. Vs Sri.Sai Enterprises

Karnataka HC12 Jun 2026CRL.A/1853/2025

Case brief

AI extract

What is this about?

Karnataka HC; CRL.A No. 1853 of 2025; complainant's appeal against acquittal; S.378(4) Cr.P.C. non-maintainable before High Court; proviso to Section 372 CrPC; Celestium Financial Vs. A. Gnanasekaran Etc., 2025 SCC Online SC 1320; appeal transferred to Sessions Court; appearance on 02.07.2026; disposed of 12-06-2026; Justice S Rachaih; Negotiable Instruments Act 1881 cheque case C.C.No.58437/2022.

What did the court decide?

Appeal transferred to the jurisdictional Appellate Court/Sessions Court; parties directed to appear there on 02.07.2026 without further notice; Registry to transmit the entire appeal papers including the appeal memo; learned counsel for the appellant at liberty to amend the cause title and the provisions thereof; pending I.A.s disposed of as not surviving. ¶45

Sri.Bharath Kumar v Vs Sri.Sai Enterprises — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶45

Issue for consideration

Whether an appeal by the complainant against an order of acquittal, filed under Section 378(4) Cr.P.C. before the High Court, is maintainable, in view of the Supreme Court's ruling in Celestium Financial that a complainant who is the victim must appeal under the proviso to Section 372 CrPC before the jurisdictional Sessions Court.

¶36

Court's answer

In view of the law laid down by the Hon'ble Apex Court in Celestium Financial, the appeal by the complainant against the order of acquittal is not maintainable before the High Court; the complainant, being the victim, has to file such an appeal before the jurisdictional Sessions Court by invoking Section 372 of the Code of Criminal Procedure, 1973.

¶38

Ratio / Principle

Since the High Court has no jurisdiction to decide the appeal on merit, the appeal is transferred to the jurisdictional Appellate Court/Sessions Court.

¶38

Detailed headnote1 paragraphs

Criminal Appeal No. 1853 of 2025 (High Court of Karnataka, decided 12-06-2026, Justice S Rachaih): Appeal by complainant Bharath Kumar V against the Trial Court's acquittal (C.C.No.58437/2022, dated 02.08.2025) of Sri Sai Enterprises represented by Jagadeesh Gowda @ Jagadeesh, filed under S.378(4) Cr.P.C. seeking conviction and payment of cheque amount and fine under the Negotiable Instruments Act 1881. Relying on Celestium Financial Vs. A. Gnanasekaran Etc., 2025 SCC Online SC 1320 (para 10), the Court held that a complainant who is the victim must prefer an appeal against acquittal under the proviso to Section 372 CrPC before the jurisdictional Sessions Court, and that an appeal under S.378(4) by the complainant is not maintainable before the High Court. Lacking jurisdiction, the Court transferred the appeal to the jurisdictional Appellate Court/Sessions Court, directed the parties to appear there on 02.07.2026 without further notice, permitted amendment of the cause title, and disposed of the appeal for statistical purposes.

¶1

¶2

NC: 2026:KHC:28504 CRL.A No. 1853 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 12^TH DAY OF JUNE, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE S RACHAIAH

¶8

CRIMINAL APPEAL NO. 1853 OF 2025 (A)

¶9

BETWEEN:

¶10

SRI.BHARATH KUMAR V S/O VENKATASWAMY, AGED ABOUT 32 YEARS, R/AT NO.10, A CROSS, KAKAYAPPA LANE, N R COLONY, MURUGESHPALYA, BENGALURU – 560 017.

¶11

Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka

¶12

(BY SRI. VENKATESHA., ADVOCATE)

¶13

AND:

¶14

…APPELLANT

¶15

SRI.SAI ENTERPRISES REP BY ITS AUTHORIZED SIGNATORY/PROPRIETOR,

¶16

2 - NC: 2026:KHC:28504 CRL.A No. 1853 of 2025

¶17

HC-KAR

¶18

SRI JAGADEESH GOWDA @ JAGADEESH, R/AT NO.46, 4^TH CROSS, 1^ST MAIN ROAD, (NEAR RANGANATHASWAMY KALYAN MANTAPA) ATTUR LAYOUT, YELAHANKA, BENGALURU – 560 064.

¶19

…RESPONDENT

¶20

¶21

THIS CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE

¶22

FOR THE APPELLANT/S PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE OF THE ORDER OF ACQUITTAL IN C.C.NO.58437/2022 DATED 02.08.2025 AND CONVICT THE ACCUSED/RESPONDENT AND DIRECT HIM TO PAY THE CHEQUE AMOUNT AND FINE AS PROVIDED UNDER NEGOTIABLE INSTRUMENTS ACT 1881.

¶23

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

¶24

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶25

¶26

NC: 2026:KHC:28504 CRL.A No. 1853 of 2025

¶27

HC-KAR

¶28

ORAL JUDGMENT

¶29

This appeal is filed by the appellant/complainant

¶30

being aggrieved by the judgment of acquittal passed by the Trial Court.

¶31

However, the Hon’ble Supreme Court in Celestium Financial Vs. A. Gnanasekaran Etc.¹ , held in paragraph No.10 as under:

¶32

“10. As already noted, the proviso to Section 372 of the CrPC 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 the CrPC, 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 proviso to Section 372 and need not advert to subsection (4) of Section 378 of the Cr.PC.”

¶33

1 2025 SCC Online SC 1320

¶34

4 - NC: 2026:KHC:28504 CRL.A No. 1853 of 2025

¶35

HC-KAR

¶36

On careful reading of the judgment of the Hon’ble Apex Court supra, it is evident that the complainant, being the victim, has to file an appeal against the order of acquittal before the Jurisdictional Sessions Court by invoking Section 372 of the Code of Criminal Procedure, 1973.

¶37

In view of the law laid down by the Hon’ble Apex

¶38

Court, in Celestium Financial case supra, the appeal by the complainant against the order of acquittal is not maintainable before this Court. Since this Court has no jurisdiction to decide the appeal on merit, the appeal is transferred to the jurisdictional Appellate Court/Sessions Court.

¶39

The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 02.07.2026 , without further notice of the concerned Court.

¶40