Disposed¶44

Harish Kumar P v. Vijaykumar

Karnataka HC12 Jun 2026CRL.A/86/2025

Case brief

AI extract

What is this about?

NC: 2026:KHC:28501 | CRL.A No. 86 of 2025, High Court of Karnataka at Bengaluru (S RACHAIAH, J.), decided 12.06.2026 — Complainant's S.378(4) CrPC appeal against acquittal under S.138 NI Act (CC.No.30028/2023, acquittal 13.11.2024) held not maintainable before the High Court, per Celestium Financial (2025 SCC Online SC 1320); victim-complainant to invoke proviso to S.372 CrPC before the jurisdictional Sessions Court; appeal transferred, parties to appear 02.07.2026; appeal disposed of.

What did the court decide?

Appeal transferred to the jurisdictional Appellate Court/Sessions Court; parties directed to appear there on 02.07.2026 without further notice; Registry to transmit the entire appeal papers including the appeal memo; counsel for the appellant at liberty to amend the cause title and provisions; pending I.A., if any, disposed of as not surviving.

Harish Kumar P Vs Vijaykumar — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appeal filed by the appellant/complainant under Section 378(4) of the CrPC against the acquittal is maintainable before the High Court, or whether, being the victim, the complainant must instead invoke the proviso to Section 372 CrPC before the jurisdictional Sessions Court.

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Court's answer

On the Court's reading of Celestium Financial, 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.

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Ratio / Principle

The appeal by the complainant against the order of acquittal is not maintainable before this Court (High Court of Karnataka).

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Key takeaways

Since the Court has no jurisdiction to decide the appeal on merits, the appeal is transferred to the jurisdictional Appellate Court/Sessions Court.ratio¶37

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru, CRL.A No. 86 of 2025 (decided 12.06.2026, Justice S RACHAIAH): Appeal by complainant Harish Kumar P against the acquittal (CC.No.30028/2023, dated 13.11.2024, XIII Additional Chief Judicial Magistrate, Bangalore) of accused/respondent Vijaykumar for offences under S.138 Negotiable Instruments Act, filed under S.378(4) CrPC. Relying on Celestium Financial v. A. Gnanasekaran, 2025 SCC Online SC 1320, the Court held 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, and that an appeal by the complainant against acquittal is not maintainable before the High Court. Having no jurisdiction to decide the appeal on merits, the Court transferred the appeal to the jurisdictional Appellate Court/Sessions Court, directed the parties to appear there on 02.07.2026 without further notice, ordered transmission of the appeal papers by the Registry, gave liberty to amend the cause title, and disposed of the appeal (and pending I.As) for statistical purposes.

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NC: 2026:KHC:28501 CRL.A No. 86 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH

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CRIMINAL APPEAL NO. 86 OF 2025 (A)

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BETWEEN:

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HARISH KUMAR P S/O LATE PURUSHOTHA, AGED ABOUT 38 YEARS, R/AT NO.727, 4^TH B CROSS, 9^TH MAIN, K.N.LAYOUT, YESHWANTHPURA, BANGALORE – 560 022.

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

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…APPELLANT

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(BY SRI. NARAYANA SWAMY K J., ADVOCATE)

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AND:

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VIJAYKUMAR S/O R.RAJU, AGED ABOUT 52 YEARS, R/AT NO.4061, 2^ND MAIN,

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2 - NC: 2026:KHC:28501 CRL.A No. 86 of 2025

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HC-KAR

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VINAYAKANAGAR, BENGALORE MAIN ROAD, YELAHANKA, BENGALURU - 560 063.

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…RESPONDENT

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THIS CRL.A FILED U/S 378(4) OF CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGEMENT OF ACQUITTAL IN CC.NO.30028/2023 DATED 13.11.2024 PASSED BY HON’BLE XIII ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BANGALORE, AND FURTHER CONVICT THE ACCUSED/RESPONDENT, FOR THE OFFENCES P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:28501 CRL.A No. 86 of 2025

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.

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

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“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

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1 2025 SCC Online SC 1320

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NC: 2026:KHC:28501 CRL.A No. 86 of 2025

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HC-KAR

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Section 372 and need not advert to subsection (4) of Section 378 of the Cr.PC.”

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On careful reading of the judgment of the Hon’ble

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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.

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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.

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The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 02.07.2026 , without further notice of the concerned Court.

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