K Meenakshi Vs Raghupathi — Cheque Dishonour | Karnataka HC (2026)

K Meenakshi Vs Raghupathi — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal disposed of with directions to the Registry to transfer the entire record, including requisitioned trial court copies, to the concerned Principal District & Sessions Judge for assignment to the appellate Court having jurisdiction; transferee Court to issue notice to both parties and proceed in accordance with law; pending condonation/other applications to be transferred and considered there; expeditious disposal requested; appellant permitted to amend the cause-title and provisions thereof; merits expressly left open.

Issue for consideration

Whether the complainant's appeal under Section 378(4) CrPC against the acquittal in a Section 138 NI Act case is to be heard by this Court, or whether the complainant, being a victim, must pursue the appeal before the Sessions Court under the proviso to Section 372 CrPC (now proviso to Section 413 BNSS, 2023).

Court's answer

In light of the Hon'ble Supreme Court's clarification in Celestium Financial, the appellant, though the complainant in the Section 138 NI Act case, is considered a victim and is entitled to file the appeal against the acquittal before the Sessions Court (under the proviso to Section 372 CrPC), rather than prosecuting it under Section 378(4) CrPC before this Court.

Ratio / Principle

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

Key takeaways

This Court has made no observations on the merits of the case; all rights and contentions of the parties are left open to be agitated before the Court concerned.obiter¶52

Detailed headnote1 paragraphs

Criminal Appeal (CRL.A. No. 2087 of 2023, High Court of Karnataka, G Basavaraja J, 08.01.2026): The complainant in a Section 138 NI Act case (CC No.34223/2018, XIII ACMM Bengaluru), aggrieved by the acquittal of the accused dated 23.08.2023, had filed the appeal under S.378(4) Cr.P.C. Relying on the Supreme Court's ruling in Celestium Financial v. A Gnanasekaran (2025 SCC OnLine SC 1320, para 10) that a victim of an offence may prefer an appeal under the proviso to S.372 CrPC irrespective of whether he is a complainant, and concurring decisions of the Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Delhi High Courts, the Karnataka High Court and its Co-ordinate Bench, the Court held that the complainant-victim is entitled to pursue the appeal against acquittal before the Sessions Court. The appeal was disposed of with directions to transfer the entire record to the Principal District & Sessions Judge for assignment to the competent appellate Court, to be treated and numbered as an appeal under the proviso to S.413 BNSS, 2023 (formerly S.372 CrPC); the appellant was permitted to amend the cause-title; no observations were made on the merits and all rights and contentions were left open.

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NC: 2026:KHC:1092 CRL.A No. 2087 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2026 BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.2087 OF 2023 (A)

BETWEEN:

K MEENAKSHI W/O VINAYAKA V S AGED ABOUT 42 YEARS R/AT NO.20, TULASI NILAYA 2^ND CROSS, S B M COLONY, BRINDAVAN NAGAR, MATTHIKERE, BENGALURU-560054

…APPELLANT

(BY SRI. ANANDA V.,ADVOCATE)

AND:

Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

RAGHUPATHI S/O DHARMAIAH MAJOR IN AGE R/AT SUBBAIAH MEDICAL COLLEGE, HOLEBENNAVALLI, SHIVAMOGGA-577202

ALSO AT NAVULU BADAVANE MALLIKARJUNA NAGAR, SHIVAMOGA-577201

…RESPONDENT

(BY SRI. ANIL KUMAR J M., ADVOCATE)

THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING SET ASIDE THE JUDGMENT/FINAL ORDER OF ACQUITTAL DATED 23.08.2023 PASSED BY THE XIII ACMM BENGALURU IN C.C.NO.34223/2018 AND CONVICT THE RESPONDENT/ ACCUSED IN ACCORDANCE WITH LAW BY ALLOWING THE

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COMPLIANT IN C.C.NO.34223/2018 ON THE FILE OF THE XIII ACMM BENGALURU.

THIS APPEAL, COMING ON FOR FINAL HEARING, 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 23.08.2023 passed in CC No.34223 of 2018 by XIII Additional Chief Metropolitan Magistrate, Bengaluru (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 M/S. LATA 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

LNN

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