Sri. Rakesh. S. Raikar Vs Sri Lokesh B R — Cheque Dishonour | Karnataka HC (2026)

Sri. Rakesh. S. Raikar Vs Sri Lokesh B R — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeals stand disposed of with transfer directions: Registry to transfer the entire record (including requisitioned trial-court records, and any pending condonation-of-delay or other applications) to the concerned Principal District & Sessions Judge for assignment to the jurisdictional Appellate Court; transferee court to issue court notice to both parties and proceed in accordance with law; expeditious disposal requested; appellant permitted to amend the cause-title and provisions thereof; expressly no observations made on the merits, with all rights and contentions left open.

Issue for consideration

Whether the complainant's appeals under S.378(4) Cr.P.C against acquittals for offences under S.138 NI Act should be heard and decided by the High Court, or transferred to the Sessions Court to be pursued as appeals under the proviso to Section 372 CrPC / proviso to Section 413 BNSS 2023, the complainant being a victim entitled to that forum.

Court's answer

The appellant, being the complainant under Section 138 of the Negotiable Instruments Act, 1881, is a victim entitled to file his appeal against the acquittal before the Sessions Court; proceeding to hear and decide these appeals at the High Court stage could deprive the parties of that available forum for further challenge.

Ratio / Principle

These appeals shall be transferred to the concerned appellate Court of Sessions and considered and numbered as appeals under the proviso to Section 413 of BNSS, 2023 (formerly Section 372 of Cr.PC), with the record, court notices and pending applications to be dealt with in accordance with law, liberty to amend the cause-title, and expressly no observation on the merits.

Detailed headnote1 paragraphs

Criminal Appeals Nos. 2129 to 2135 of 2018 (High Court of Karnataka, single Judge: G Basavaraja, decided 06-01-2026; NC: 2026:KHC:530) were filed by the complainant, Rakesh S. Raikar, under S.378(4) Cr.P.C against seven acquittal judgments dated 02.07.2018 passed by the LVII Addl. Chief Metropolitan Magistrate, Bengaluru in CC Nos. 53591/2015 to 53597/2015 for offences punishable under S.138, Negotiable Instruments Act, 1881. Relying on the Supreme Court's ruling in Celestium Financial v. A Gnanasekaran (2025 SCC ONLINE SC 1320) that a victim of an offence, even if a complainant, may prefer an appeal under the proviso to S.372 CrPC without advertence to S.378(4), and noting similar views taken by the Andhra Pradesh, Madhya Pradesh, Chhattisgarh and Delhi High Courts and by co-ordinate benches of the Karnataka High Court, the Court held that the appellant-complainant is entitled to pursue the appeal before the Sessions Court and that deciding the appeals at the High Court stage could deprive the parties of that available forum for further challenge. The appeals were disposed of with directions: Registry to transfer the entire record (including requisitioned trial-court records and any pending condonation or other applications) to the concerned Principal District & Sessions Judge for assignment to the jurisdictional appellate Court, to be considered and numbered as appeals under the proviso to S.413 BNSS, 2023 (formerly S.372 Cr.PC); the transferee court to notify both parties and proceed per law; expeditious disposal requested; appellant permitted to amend the cause-title; and it was expressly made clear that no observation was made on the merits, all rights and contentions being left open.

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

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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. 2129 OF 2018

C/W

CRIMINAL APPEAL NO. 2130 OF 2018 CRIMINAL APPEAL NO. 2131 OF 2018 CRIMINAL APPEAL NO. 2132 OF 2018 CRIMINAL APPEAL NO. 2133 OF 2018 CRIMINAL APPEAL NO. 2134 OF 2018 CRIMINAL APPEAL NO. 2135 OF 2018

IN CRL.A No. 2129/2018

BETWEEN:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SRI. RAKESH. S. RAIKAR S/O LATE SUBBARAO AGED ABOUT 38 YEARS NO. 261/1, 1ST MAIN 4TH CROSS, HAL III STAGE NEW TIPPASANDRA BENGALURU - 560 075.

PRESENTLY RESIDING AT RAKESH S RAIKAR S/O LATE SUBBARAO NO.316, 2ND FLOOR 7TH CROSS, SHIVANANDA NAGAR BENGALURU - 560 075.

…APPELLANT (BY SRI. PAVANKUMAR Y. DHONGDE, ADVOCATE)

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

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HC-KAR

AND:

SRI. LOKESH B.R. S/O RAMAIAH AGED ABOUT 48 YEARS LOKESH ENTERPRISES NO. 121, 12TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY RESIDING AT LOKESH B.R. S/O RAMAIAH R/AT HOUSE 201/A BBMP NO.WARD NO.38 2ND FLOOR, 9TH CROSS BYRASADNRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY OFFICE AT LOKESH B.R, S/O RAMAIAH, LOKESH ENTERPRISES, SHOP NO.205/1A, 6TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075. …RESPONDENT (BY SRI. G. ABHILASH, ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 02.07.2018 PASSED BY THE LVII A.C.M.M., MAYO HALL UNIT, BANGALORE IN C.C.NO.53591/2015 VIDE ANNEXURE-A ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT.

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

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HC-KAR

IN CRL.A NO. 2130/2018

BETWEEN:

SRI. RAKESH. S. RAIKAR S/O LATE SUBBARAO AGED ABOUT 38 YEARS NO. 261/1, 1ST MAIN 4TH CROSS, HAL III STAGE NEW TIPPASANDRA BENGALURU - 560 075. PRESENTLY RESIDING AT RAKESH S RAIKAR S/O LATE SUBBARAO NO.316, 2ND FLOOR 7TH CROSS, SHIVANANDA NAGAR BENGALURU - 560 075.

...APPELLANT

(BY SRI. PAVAN KUMAR Y. DHONGDE, ADVOCATE)

AND:

SRI. LOKESH B.R. S/O RAMAIAH AGED ABOUT 48 YEARS LOKESH ENTERPRISES NO. 121, 12TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY RESIDING AT LOKESH B.R. S/O RAMAIAH R/A HOUSE 201/A BBMP NO.WARD NO.38 2ND FLOOR, 9TH CROSS BYRASADNRA MAIN ROAD

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HC-KAR

G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY OFFICE AT LOKESH B.R, S/O RAMAIAH, LOKESH ENTERPRISES, SHOP NO.205/1A, 6TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

...RESPONDENT

(BY SRI. G. ABHILASH, ADVOCATE)

THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 02.07.2018 PASSED BY THE LVII A.C.M.M., MAYO HALL UNIT, BANGALORE IN C.C.NO.53592/2015 VIDE ANNEXURE-A (ALONG WITH COMMON JUDGMENT C.C.NO.53591, 53593, 53594, 53595, 53596, 53597/2015) - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT.

IN CRL.A NO. 2131/2018

BETWEEN:

SRI. RAKESH. S. RAIKAR S/O LATE SUBBARAO AGED ABOUT 38 YEARS NO. 261/1, 1ST MAIN 4TH CROSS, HAL III STAGE NEW TIPPASANDRA BENGALURU - 560 075.

PRESENTLY RESIDING AT RAKESH S RAIKAR S/O LATE SUBBARAO NO.316, 2ND FLOOR

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HC-KAR

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

7TH CROSS, SHIVANANDA NAGAR BENGALURU - 560 075.

...APPELLANT

(BY SRI. PAVAN KUMAR Y. DHONGDE, ADVOCATE)

AND:

SRI. LOKESH B.R. S/O RAMAIAH AGED ABOUT 48 YEARS LOKESH ENTERPRISES NO. 121, 12TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY RESIDING AT LOKESH B.R. S/O RAMAIAH R/A HOUSE 201/A BBMP NO.WARD NO.38 2ND FLOOR, 9TH CROSS BYRASADNRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY OFFICE AT LOKESH B.R, S/O RAMAIAH, LOKESH ENTERPRISES, SHOP NO.205/1A, 6TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

...RESPONDENT

(BY SRI. G. ABHILASH, ADVOCATE)

THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF ACQUITTAL DATED 02.07.2018 PASSED BY THE LVII ADDL.C.M.M.,

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

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HC-KAR

BENGALURU IN C.C.NO.53593/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

IN CRL.A NO. 2132/2018

BETWEEN:

SRI. RAKESH. S. RAIKAR S/O LATE SUBBARAO AGED ABOUT 38 YEARS NO. 261/1, 1ST MAIN 4TH CROSS, HAL III STAGE NEW TIPPASANDRA BENGALURU - 560 075.

PRESENTLY RESIDING AT RAKESH S RAIKAR S/O LATE SUBBARAO NO.316, 2ND FLOOR 7TH CROSS, SHIVANANDA NAGAR BENGALURU - 560 075.

...APPELLANT

(BY SRI. PAVAN KUMAR Y. DHONGDE, ADVOCATE)

AND:

SRI. LOKESH B.R. S/O RAMAIAH AGED ABOUT 48 YEARS LOKESH ENTERPRISES NO. 121, 12TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY RESIDING AT LOKESH B.R. S/O RAMAIAH R/AT HOUSE 201/A

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

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HC-KAR

BBMP NO.WARD NO.38 2ND FLOOR, 9TH CROSS BYRASADNRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY OFFICE AT LOKESH B.R, S/O RAMAIAH, LOKESH ENTERPRISES, SHOP NO.205/1A, 6TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

...RESPONDENT

(BY SRI. G. ABHILASH, ADVOCATE)

THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF ACQUITTAL DATED 02.07.2018 PASSED BY THE LVII ADDL.C.M.M., BENGALURU IN C.C.NO.53594/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

IN CRL.A NO. 2133/2018

BETWEEN:

SRI. RAKESH. S. RAIKAR S/O LATE SUBBARAO AGED ABOUT 38 YEARS NO. 261/1, 1ST MAIN 4TH CROSS, HAL III STAGE NEW TIPPASANDRA BENGALURU - 560 075.

PRESENTLY RESIDING AT RAKESH S. RAIKAR S/O LATE SUBBARAO, NO.316, 2ND FLOOR

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HC-KAR

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

7TH CROSS, SHIVANANDA NAGAR BENGALURU - 560 075.

...APPELLANT

(BY SRI. PAVAN KUMAR Y. DHONGDE, ADVOCATE)

AND:

SRI. LOKESH B.R. S/O RAMAIAH AGED ABOUT 48 YEARS LOKESH ENTERPRISES NO. 121, 12TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY RESIDING AT LOKESH B.R. S/O RAMAIAH R/AT HOUSE 201/A BBMP NO.WARD NO.38 2ND FLOOR, 9TH CROSS BYRASADNRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY OFFICE AT LOKESH B.R, S/O RAMAIAH, LOKESH ENTERPRISES, SHOP NO.205/1A, 6TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

...RESPONDENT

(BY SRI. G. ABHILASH, ADVOCATE)

THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF ACQUITTAL DATED 02.07.2018 PASSED BY THE LVII ADDL.C.M.M.,

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

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HC-KAR

MAYO HALL UNIT, BENGALURU IN C.C.NO.53595/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

IN CRL.A NO. 2134/2018

BETWEEN:

SRI. RAKESH. S. RAIKAR S/O LATE SUBBARAO AGED ABOUT 38 YEARS NO. 261/1, 1ST MAIN 4TH CROSS, HAL III STAGE NEW TIPPASANDRA BENGALURU - 560 075. PRESENTLY RESIDING AT RAKESH S. RAIKAR S/O LATE SUBBARAO, NO.316, 2ND FLOOR 7TH CROSS, SHIVANANDA NAGAR BENGALURU - 560 075. (BY SRI. PAVAN KUMAR Y. DHONGDE, ADVOCATE)

...APPELLANT

AND:

SRI. LOKESH B.R. S/O RAMAIAH AGED ABOUT 48 YEARS LOKESH ENTERPRISES NO. 121, 12TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY RESIDING AT LOKESH B.R. S/O RAMAIAH R/AT HOUSE 201/A BBMP NO.WARD NO.38

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HC-KAR

2ND FLOOR, 9TH CROSS BYRASADNRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY OFFICE AT LOKESH B.R, S/O RAMAIAH, LOKESH ENTERPRISES, SHOP NO.205/1A, 6TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

...RESPONDENT

(BY SRI. G. ABHILASH, ADVOCATE)

THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF ACQUITTAL DATED 02.07.2018 PASSED BY THE LVII ADDL.C.M.M., BENGALURU IN C.C.NO.53596/2015 - ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

IN CRL.A NO. 2135/2018

BETWEEN:

SRI. RAKESH. S. RAIKAR S/O LATE SUBBARAO AGED ABOUT 38 YEARS NO. 261/1, 1ST MAIN 4TH CROSS, HAL III STAGE NEW TIPPASANDRA BENGALURU - 560 075.

PRESENTLY RESIDING AT RAKESH S. RAIKAR S/O LATE SUBBARAO, NO.316, 2ND FLOOR 7TH CROSS, SHIVANANDA NAGAR BENGALURU - 560 075.

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HC-KAR

NC: 2026:KHC:530 CRL.A No. 2129 of 2018 C/W CRL.A No. 2130 of 2018 CRL.A No. 2131 of 2018 AND 4 OTHERS

...APPELLANT

(BY SRI. PAVAN KUMAR Y. DHONGDE, ADVOCATE)

AND:

SRI. LOKESH B.R. S/O RAMAIAH AGED ABOUT 48 YEARS LOKESH ENTERPRISES NO. 121, 12TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

PRESENTLY RESIDING AT LOKESH B.R. S/O RAMAIAH R/A HOUSE 201/A BBMP NO.WARD NO.38 2ND FLOOR, 9TH CROSS BYRASADNRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075. PRESENTLY OFFICE AT LOKESH B.R, S/O RAMAIAH, LOKESH ENTERPRISES, SHOP NO.205/1A, 6TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA, NEW TIPPASANDRA POST BENGALURU - 560 075.

...RESPONDENT

(BY SRI. G. ABHILASH, ADVOCATE)

THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF ACQUITTAL DATED 02.07.2018 PASSED BY THE LVII ADDL.C.M.M., BENGALURU IN C.C.NO.53597/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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HC-KAR AND 4 OTHERS

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

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

These appeals are filed by the

appellant/complainant being aggrieved by the Judgment of acquittal dated 02.07.2018 passed in CC Nos.53591/2015, 53592/2015, 53593/2015, 53594/2015, 53595/2015, 53596/2015 and 53597/2015 by the LVII Addl.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.

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HC-KAR

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 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 these appeals 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

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HC-KAR

decided on 21^st July, 2025; the decision of High Court of 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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HC-KAR

Considering the above, it is deemed fit that these appeals 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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HC-KAR

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 matters 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,

appeals stand disposed of.

Sd/(G BASAVARAJA) JUDGE

GPG List No.: 1 Sl No.: 15