A complainant's appeal against acquittal in a cheque dishonour case, filed in the High Court, was disposed of with a direction to transfer the record to the Sessions Court for consideration as a victim's appeal under the proviso to Section 372 CrPC (Section 413 BNSS), following Supreme Court clarification.
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NC: 2026:KHC:9247 CRL.A No. 2382 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2382 OF 2025 (A-)
BETWEEN:
…APPELLANT
(BY SRI. RAJAGOPALA NAIDU, ADVOCATE)
AND:
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
…RESPONDENT
THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER PASSED BY THE XX A.C.J.M BENGALURU CITY IN C.C.NO.16301/2022 FILED BY THE
NC: 2026:KHC:9247 CRL.A No. 2382 of 2025
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APPELLANT UNDER SEC.138 OF N.I ACT, DATED 23.10.2025 BY ALLOWING THIS APPEAL, AWARD THE COSTS AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
" 10. As already noted, the proviso to Section 372 of 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
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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 sub-section (4) of Section 378 of Cr.PC. "
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.
HC-KAR
SAMARPAN JAIN rendered Criminal Appeal No. 11872 of 2022 decided on 21st July, 2025; the decision of High Court of Chattisgarh in NEELAM SAHU v. NARADNAGWANSHI rendered in ACQA No. 340 of 2018 decided on 16th July, 2025; and in SMT. KIRTI KURIAN v. AJAY SINGH rendered in ACQA No. 198 of 2019 decided on 16th July, 2025; the judgment of this Court in the case of SIDAGONDAPPA v. SHAFI AHAMAD rendered in CRL.A. No. 20021/2018 decided on 31st July, 2025 and in SRI T.H. LENKAPPA v. SRI SANJAY AND ANOTHER rendered in Criminal Appeal No.146 of 2015 decided on 23rd 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 13th 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 24th 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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O R D E R
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be considered by the learned Judge of transferee Court, in accordance with law;
appeal stands disposed of.
Sd/(G BASAVARAJA) JUDGE
SMC List No.: 1 Sl No.: 2
1 issue framed by the court
Whether a complainant under Section 138 NI Act acquitted by the trial court may maintain an appeal as a victim under the proviso to Section 372 CrPC / Section 413 BNSS before the Sessions Court rather
Colour shows how this judgement treated each authority
Celestium Financial v. A GnanasekaranRelied on¶2
2025 SCC ONLINE SC 1320 · Who else cites this
Charbel India v. State of Andhra PradeshReferred¶4
2025 SCC ONLINE AP 2815 · Who else cites this
M/s. Lata Kisan Sewa Kendra v. Pritam SinghReferred¶4
2025 SCC ONLINE MP 4818 · Who else cites this
2 provisions across 2 enactments
Mrs. Swarupa N
Mr. Murthy
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
