Sri Prakash N Murthy Vs M/S Gravity Properties Pvt. Ltd.

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA

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CRIMINAL APPEAL NO. 673 OF 2015 (A) C/W CRIMINAL APPEAL NO. 666 OF 2015 CRIMINAL APPEAL NO. 667 OF 2015 CRIMINAL APPEAL NO. 668 OF 2015 CRIMINAL APPEAL NO. 669 OF 2015 CRIMINAL APPEAL NO. 670 OF 2015 CRIMINAL APPEAL NO. 671 OF 2015 CRIMINAL APPEAL NO. 672 OF 2015

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IN CRL.A No. 673/2015

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BETWEEN:

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Digitally signed by SHARADAVANI B

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Location: High Court of Karnataka

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SRI PRAKASH N MURTHY S/O K.S. NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE - 560 062. REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH, AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE - 560 062.

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…APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND:

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M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2^ND FLOOR, 12^TH MAIN, CANFIN HOMES BUILDING,

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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HC-KAR

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JAYANAGARA, BANGALORE - 560 011. REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M. CHANDRA SHEKAR, AGED ABOUT 32 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD., R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE - 560 011.

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…RESPONDENTS

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(BY SRI. PRABHAKAR L. SHETTY, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C. BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015 PASSED BY THE XXII ACMM, BANGALORE , IN C.C.NO.7166/2012 - ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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IN CRL.A NO. 666/2015

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BETWEEN:

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SRI PRAKASH N MURTHY S/O K.S.NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE-560 062. REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH, AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT,

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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HC-KAR

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YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE-560 062.

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...APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND:

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M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2^ND FLOOR, 12^TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011. REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M.CHANDRA SHEKAR, AGED ABOUT 320 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD., R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011.

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...RESPONDENTS

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(BY SRI. ULLAS KUMAR JAIN, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015, PASSED BY THE XXII ACMM, BANGALORE, IN C.C.NO.2102/2012 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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HC-KAR

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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IN CRL.A NO. 667/2015

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BETWEEN:

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SRI PRAKASH N MURTHY S/O K.S. NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE-560 062. REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH, AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE-560 062.

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...APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND:

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M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011. REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M.CHANDRA SHEKAR, AGED ABOUT 32 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD., R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011.

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...RESPONDENTS

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(BY SRI. ULLAS KUMAR JAIN, ADVOCATE)

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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HC-KAR

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015, PASSED BY THE XXII ACMM, BANGALORE, IN C.C.NO.2103/12 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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IN CRL.A NO. 668/2015

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BETWEEN:

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SRI PRAKASH N MURTHY S/O K.S.NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE-560 062.

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REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH, AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE-560 062. ...APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND:

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M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011. REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M.CHANDRA SHEKAR, AGED ABOUT 32 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD.,

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015

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HC-KAR

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AND 5 OTHERS

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R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011.

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...RESPONDENTS

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(BY SRI. ULLAS KUMAR JAIN, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015 PASSED BY THE XXII ACMM, BANGALORE , IN C.C.NO.2104/2012 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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IN CRL.A NO. 669/2015

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BETWEEN:

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SRI PRAKASH N MURTHY S/O K.S.NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE-560 062. REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH, AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE-560 062.

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...APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND:

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M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011.

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015

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AND 5 OTHERS

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HC-KAR

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REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M.CHANDRA SHEKAR, AGED ABOUT 32 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD., R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011.

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...RESPONDENTS

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(BY SRI. ULLAS KUMAR JAIN, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015, PASSED BY THE XXII ACMM, BANGALORE, IN C.C.NO.2105/12 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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IN CRL.A NO. 670/2015

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BETWEEN:

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SRI PRAKASH N MURTHY S/O K.S.NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE-560 062. REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH, AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE-560 062.

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...APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND 5 OTHERS

HC-KAR

AND:

M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011. REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M.CHANDRA SHEKAR, AGED ABOUT 32 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD., R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE - 560 011.

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...RESPONDENTS

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(BY SRI. ULLAS KUMAR JAIN, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015, PASSED BY THE XXII ACMM, BANGALORE, IN C.C.NO.2106/12 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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IN CRL.A NO. 671/2015

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BETWEEN:

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SRI PRAKASH N MURTHY S/O K.S. NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE-560 062.

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REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH,

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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HC-KAR

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AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE-560 062.

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...APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND:

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M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011. REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M.CHANDRA SHEKAR, AGED ABOUT 32 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD., R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011.

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...RESPONDENTS

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(BY SRI. ULLAS KUMAR JAIN, ADVOCATE)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015, PASSED BY THE XXII ACMM, BANGALORE, IN C.C.NO.7164/12 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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IN CRL.A NO. 672/2015

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BETWEEN:

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SRI PRAKASH N MURTHY S/O K.S.NARASIMHA MURTHY, AGED ABOUT 49 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI NEXT TO ISRO LAYOUT, BANGALORE-560 062.

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HC-KAR

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015

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AND 5 OTHERS

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REP BY HIS GPA HOLDER SMT.N.SUMA, W/O H.V. RAVI PRAKASH, AGED ABOUT 47 YEARS, R/AT NO.68, RAJESHWAR LAYOUT, YELACHANAHALLI, NEXT TO ISRO LAYOUT. BANGALORE-560 062.

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...APPELLANT

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(BY SRI. RAVISHANKAR S., ADVOCATE)

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AND:

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M/S GRAVITY PROPERTIES PVT LTD HEAD OFFICE AT NO.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011. REP. BY ITS DIRECTOR.

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SRI.N.C.SURYA S/O N.M.CHANDRA SHEKAR, AGED ABOUT 32 YEARS, CEO/DIRECTOR FOR M/S. GRAVITY PROPERTIES PVT. LTD., R/AT H.O.35, 2ND FLOOR, 12TH MAIN, CANFIN HOMES BUILDING, JAYANAGARA, BANGALORE-560 011.

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...RESPONDENTS

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(BY SRI. ULLAS KUMAR JAIN, ADVOCATE)

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THIS CRL.A. IS FILED U/S. 378(4) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:20.4.2015, PASSED BY THE XXII ACMM, BANGALORE, IN C.C.NO.7165/12 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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These appeals are filed by the

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appellant/complainant being aggrieved by the Judgment of acquittal dated 20.04.2015 passed in CC No. 2102/2012 to 2106/2012 and 7164/2012 to 7166/2012 by the XXII Additional Chief Metropoliton Magistrate, Bangalore City (for short "the trial Court").

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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:

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" 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 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. "

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NC: 2026:KHC:9643 CRL.A No. 673 of 2015 C/W CRL.A No. 666 of 2015 CRL.A No. 667 of 2015 AND 5 OTHERS

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HC-KAR

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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.

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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 Chattisgarh in NEELAM SAHU v. NARADNAGWANSHI rendered in ACQA No. 340 of 2018 decided on 16^th July, 2025; and in

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HC-KAR

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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 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

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HC-KAR

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numbered accordingly. Accordingly, I proceed to pass the

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following:

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O R D E R

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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;

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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;

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iii. In case there are applications pending for condonation of delay or any other pending applications, the same also be transferred to be considered by the learned Judge of transferee Court, in accordance with law;

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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;

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HC-KAR

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

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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.

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In the light of the above observation and directions,

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appeals stand disposed of.

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Sd/(G BASAVARAJA) JUDGE

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SMC List No.: 2 Sl No.: 3

Sri Prakash N Murthy v. M/S Gravity Properties Pvt. Ltd.

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Sri Prakash N Murthy v. M/S Gravity Properties Pvt. Ltd.

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