Sri. Ganesh Shetti, Vs Sri. B.S. Ashoka — Cheque Dishonour | Karnataka HC (2026)

Sri. Ganesh Shetti, Vs Sri. B.S. Ashoka — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Appeal transferred to the jurisdictional Appellate Court/Sessions Court; parties directed to appear there on 19.08.2026 without further notice; Registry to transmit the entire appeal papers including the appeal memo; liberty to appellant's counsel to amend the cause title and provisions thereof; pending I.A., if any, disposed of.

Issue for consideration

Whether a criminal appeal filed by the complainant under Section 378(4) CrPC against an order of acquittal is maintainable before the High Court. +1 more

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 this Court.

Ratio / Principle

On careful reading of Celestium Financial (Supreme Court), 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.

Key takeaways

Since this Court has no jurisdiction to decide the appeal on merit, the appeal is transferred to the jurisdictional Appellate Court/Sessions Court.ratio¶39
Directions on transfer: parties to appear before the jurisdictional Appellate Court/Sessions Court on 19.08.2026 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 provisions thereof; for statistical purposes the appeal stands disposed of, and pending I.A., if any, is also disposed of.ratio¶47

Detailed headnote1 paragraphs

Criminal Appeal – maintainability – appeal under S.378(4) CrPC by complainant against judgment of acquittal – following Celestium Financial Vs. A. Gnanasekaran Etc., 2025 SCC Online SC 1320, a complainant who is the victim of the offence must file the appeal against acquittal before the Jurisdictional Sessions Court by invoking Section 372 CrPC – appeal by complainant against acquittal not maintainable before the High Court, which has no jurisdiction to decide it on merit – appeal transferred to the jurisdictional Appellate Court/Sessions Court; parties to appear on 19.08.2026 without further notice; Registry to transmit entire appeal papers; liberty to amend cause title – appeal disposed of for statistical purposes; pending I.A. disposed of.

HC-KAR NC: 2026:KHC:36560 CRL.A No. 598 of 2023

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CNR: KAHC010144152023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 598 OF 2023 (A)

BETWEEN:

SRI. GANESH SHETTI, S/O LATE H. D. SHETTI, AGED ABOUT 49 YEARS, R/AT NO.7/43, 2^ND FLOOR, 2^ND CROSS, VENKATESHWARA LAYOUT, J P NAGAR, 8^TH PHASE, BENGALURU - 560 076.

…APPELLANT

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

(BY SRI. ADINARAYAN., ADVOCATE)

AND:

SRI. B.S. ASHOKA ,

S/O S.B. SHIVARAMAIAH, AGED ABOUT 39 YEARS, R/AT NO.1721, 6^TH MAIN, ‘B’ BLOCK, 3^RD STAGE, RAJAJINAGAR, BENGALURU-560 010.

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NC: 2026:KHC:36560 CRL.A No. 598 of 2023

HC-KAR

CNR: KAHC010144152023

PRESENTLY R/AT NO.24, 1^ST FLOOR, BASAPPA LAYOUT, PATANAGERE, RAJARAJESHWARINAGARA, BANGALORE – 560 098.

AND WORKING AT ALIAS INTEGRATED MARKETING SERVICES PVT. LTD., NO.213, GRACE POINT, 1^ST MAIN, 7^TH BLOCK, KORAMANGALA, BENGALURU – 560 095.

…RESPONDENT

(BY SMT. ARCHANA K. M., AMICUS CURIAE)

THIS CRL.A IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO MAY BE PLEASED TO A. SET ASIDE THE JUDGMENT OF ACQUITTAL ORDER DATED 29.11.2018, PASSED IN C.C.NO.14194/2016, BY THE LEARNED XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU, CONSEQUENTLY CONVICT THE ACCUSED/RESPONDENT FOR THE ALLEGED OFFENCE P/U/S.138 OF NEGOTIABLE INSTRUMENTS ACT.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:36560 CRL.A No. 598 of 2023

HC-KAR

CNR: KAHC010144152023

ORAL JUDGMENT

This appeal is filed by the appellant/complainant

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

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

“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.”

1 2025 SCC Online SC 1320

4 - NC: 2026:KHC:36560 CRL.A No. 598 of 2023

HC-KAR

CNR: KAHC010144152023

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.

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

The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 19.08 .2026 , without further notice of the concerned Court.

The Registry shall transmit the entire appeal papers, including the appeal memo, to the jurisdictional Sessions Court.

5 - NC: 2026:KHC:36560 CRL.A No. 598 of 2023

HC-KAR

CNR: KAHC010144152023

The learned counsel for the appellant shall have

the liberty to carry out the amendment in the cause title and also the provisions thereof.

For statistical purposes, this appeal stands disposed of . Ordered accordingly.

In view of the disposal of the appeal, pending I.A., if any, does not survive for consideration and the same is also disposed of.

Sd/(S RACHAIAH) JUDGE

JS

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