Smt. Rani. B. E. Vs Smt. Shashirekha Nagaraj — Cheque Dishonour | Karnataka HC (2026)

Disposed¶6

Smt. Rani. B. E. v. Smt. Shashirekha Nagaraj

Negotiable Instruments Act, S.138 – acquittal – appeal by complainant/victim

Karnataka HC6 Jan 2026CRL.A/2008/2023

Case brief

AI extract

What is this about?

NC: 2026:KHC:655; High Court of Karnataka, CRL.A No. 2008 of 2023 (A), G Basavaraja J, 06.01.2026. Victim-complainant's right of appeal against acquittal in a S.138 Negotiable Instruments Act case; appeal filed under S.378(4) Cr.P.C held maintainable instead under proviso to S.372 Cr.P.C / proviso to S.413 BNSS 2023 before the Sessions Court; transfer of misfiled appeal from High Court to Sessions Court with renumbering; Celestium Financial v. A Gnanasekaran 2025 SCC OnLine SC 1320 followed in substance; similar views in Charbel India (AP), Manorama Kankane and Late Kisan Sewa Kendra (MP), Urmit Madrah, Neelam Sahu, Kirti Kurian, Sidagondappa, Lenkappa, Ananya Enterprises (Kar.), D.K. Associates (Delhi); impugned acquittal 30.09.2023 in C.C.No.27491/2017, XIX ACMM Bengaluru; disposed of by transfer, no merits observations.

What did the court decide?

Appeal disposed of with directions: (i) Registry to transfer the entire record, including requisitioned trial-court copies, to the concerned Principal District & Sessions Judge for assignment to the competent Appellate Court; (ii) appeal to be considered and numbered as an appeal under the proviso to Section 413 BNSS, 2023 (formerly Section 372 Cr.PC); (iii) transferee court to issue court notice to both parties and proceed in accordance with law; (iv) pending applications, including any for condonation of delay, also transferred; (v) expeditious disposal requested; (vi) appellant permitted to amend the cause-title and provisions thereof; (vii) expressly no observations on the merits, all rights and contentions left open.

What the court decided

AI extract

Outcome

Appeal disposed of with directions: (i) Registry to transfer the entire record, including requisitioned trial-court copies, to the concerned Principal District & Sessions Judge for assignment to the competent Appellate Court; (ii) appeal to be considered and numbered as an appeal under the proviso to Section 413 BNSS, 2023 (formerly Section 372 Cr.PC); (iii) transferee court to issue court notice to both parties and proceed in accordance with law; (iv) pending applications, including any for condonation of delay, also transferred; (v) expeditious disposal requested; (vi) appellant permitted to amend the cause-title and provisions thereof; (vii) expressly no observations on the merits, all rights and contentions left open.

Issue for consideration

Whether the criminal appeal filed by the complainant under Section 378(4) Cr.P.C against the acquittal is maintainable before this Court, or whether the complainant, being a 'victim', must pursue the appeal under the proviso to Section 372 Cr.P.C (now the proviso to Section 413 BNSS, 2023) before the Sessions Court.

Court's answer

The appellant, being the complainant under Section 138 of the Negotiable Instruments Act, 1881 and therefore a victim, is entitled to file an appeal against the judgment of acquittal before the Sessions Court (under the proviso to Section 372 Cr.P.C, now the proviso to Section 413 BNSS, 2023), in the light of the Supreme Court's clarification in Celestium Financial.

Ratio / Principle

Hearing and deciding the appeal at this stage in this Court could deprive the parties of an available forum (this Court) for further challenge; hence the appeal should be pursued before the Sessions Court.

Key takeaways

The present appeal is transferred to the concerned appellate Court of Sessions, to be considered and numbered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 of Cr.PC).ratio¶5

Detailed headnote1 paragraphs

Negotiable Instruments Act, S.138 – acquittal – appeal by complainant/victim – CRL.A. No. 2008 of 2023 filed under S.378(4) Cr.P.C against acquittal dated 30.09.2023 in C.C.No.27491/2017 (XIX ACMM, Bengaluru) – relying on Celestium Financial v. A Gnanasekaran, 2025 SCC OnLine SC 1320, and cognate decisions of the Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Delhi High Courts and co-ordinate benches of the Karnataka High Court, held that a complainant who is a victim is entitled to appeal against acquittal before the Sessions Court under the proviso to S.372 Cr.P.C (now the proviso to S.413 BNSS, 2023) – hearing the appeal in the High Court could deprive the parties of an available forum for further challenge – appeal transferred to the Principal District & Sessions Judge to be renumbered and considered under the proviso to S.413 BNSS, 2023 – liberty to amend cause-title – no observations on merits, all contentions left open – appeal disposed of (G Basavaraja, J., 06.01.2026).

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NC: 2026:KHC:655 CRL.A No. 2008 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2008 OF 2023 (A)

BETWEEN:

SMT. RANI. B. E. W/O THIMMAPPA, AGED ABOUT 60 YEARS, R/AT C/O MUDALAGIRI, DOOR NO.14/5, 2^ND FLOOR, 1^ST MAIN, 6^TH CROSS, MAHALAKSHMI LAYOUT, BOVIPALYA, BENGALURU - 560 086

…APPELLANT

(BY SRI. VIJAYA KUMAR T.M., ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SMT. SHASHIREKHA NAGARAJ AGED ABOUT 58 YEARS, R/AT NO.003, N BLOCK, RENASSANCE EXOTICA, JAKKUR PLANTATION, BELLARY ROAD, BENGALURU - 560 064

…RESPONDENT

THIS CRL.A IS FILED U/S.378(4) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DATED 30.09.2023 IN C.C.NO.27491/2017 PASSED BY THE HONBLE XIX A.C.M.M AT BENGALURU AND PUNISH THE RESPONDENT / ACCUSED.

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

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal dated 30.09.2023 passed in C.C.NO.27491/2017 by the XIX Additional Chief Metropolitan Magistrate, Bengaluru City (for short "the trial Court").

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:

" 10. As already noted, the proviso to Section 372 of CrPC was inserted in the statue 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 CrPC, irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can

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still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of Cr.PC. "

In the light of the Hon'ble Supreme Court's 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 against the judgment of acquittal passed by the trial Court before the Sessions Court, since he is considered to be a victim. If this Court were to proceed to hear and decide the appeal at this stage, it could deprive the parties of an available forum, i.e. this Court, for further challenge.

Similar view has been taken by the High Court of Andhra Pradesh in CHARBEL INDIA V. STATE OF ANDHRA PRADESH reported in 2025 SCC ONLINE AP 2815; by the High Court of Madhya Pradesh in MANORAMA KANKANE v. NARENDRA KUMAR SHUKLA rendered in Criminal Appeal No.5910 of 2025 decided on 03^rd July, 2025; and in the case of LATE KISAN SEWA KENDRA v. PRITAM SINGH reported in 2025 SCC ONLINE MP 4818; and in SMT. URMIT MADRAH v. SAMARPAN JAIN rendered Criminal Appeal No. 11872 of 2022 decided on 21^st July, 2025; the decision of High Court of

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Chattisgarh in NEELAM SAHU v. NARADNAGWANSHI rendered in ACQA No. 340 of 2018 decided on 16^th July, 2025; and in SMT. KIRTI KURIAN v. AJAY SINGH rendered in ACQA No. 198 of 2019 decided on 16^th July, 2025; the judgment of this Court in the case of SIDAGONDAPPA v. SHAFI AHAMAD rendered in CRL.A. No. 20021/2018 decided on 31^st July, 2025 and in SRI T.H. LENKAPPA v. SRI SANJAY AND ANOTHER rendered in Criminal Appeal No.146 of 2015 decided on 23^rd July, 2025; the decision of High Court of Delhi in the case of D.K. ASSOCIATES v. SHANKAR AND ANOTHER rendered in Criminal Appeal No.694 of 2016 decided on 13^th November, 2025 and the decision rendered by the Co-ordinate Bench of this Court in the case of M/S. ANANYA ENTERPRISES v. SRI G.S. GOPALAKRISHNA rendered in Criminal Appeal No.100171 of 2016 decided on 24^th November, 2025. An overall assessment of the aforestated decisions reveals that the decision of the Hon'ble Supreme Court in the case of CELESTIUM FINANCIAL (supra) has been relied upon by this Court, as well as other High Courts across the country.

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Considering the above, it is deemed fit that the present appeal be transferred to the concerned appellate Court of Sessions and be considered as an appeal under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 of Cr.PC) and numbered accordingly. Accordingly, I proceed to pass the following:

O R D E R

i. Registry is directed to transfer the entire record of the case, including the requisitioned copies of the trial court Records, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having the jurisdiction and for which purpose, it would be listed before the Principal District & Sessions Judge;

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;

iii. In case there are applications pending for condonation of delay or any other pending applications, the same also be transferred to

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be considered by the learned Judge of transferee Court, in accordance with law;

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;

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

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

In the light of the above observation and directions,

appeal stands disposed of.

Sd/(G BASAVARAJA) JUDGE

RJ List No.: 2 Sl No.: 15