IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 1886 OF 2023 (A)

BETWEEN:

SRI. C B MANJUNATH S/O.SRI. BEEMAPPA,

AGED 54 YEARS,

R/O K.C. STREET,

THIRTHAHALLI TALUK- 577432

…APPELLANT

(BY SRI. SHARADA N., ADVOCATE)

AND:

Digitally signed by

LAKSHMINARAYAN N

Location: HIGH COURT SRI. SATHYANARAYANACHARI

OF KARNATAK A

W/O NAGAPPA ACHARI,

AGED 44 YEARS,

R/O BILIGINAMANE,

KOWRITHAKLU POST,

AGUMBE TALUK,

THIRTHAHALLI TALUK- 577411

…RESPONDENT

(BY SRI. NAIK NARAYAN MASTAPPA., ADVOCATE)

THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET

ASIDE THE JUDGMENT DATED 31.07.2023 PASSED BY THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC THIRTHAHALLI IN C.C.NO.419/2019, ACQUITTING THE RESPONDENT FOR THE OFFENCE P/U/S 420 OF IPC., 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

This appeal is preferred by the appellant against the judgment of acquittal dated 31.07.2023 passed in C.C.NO.419/2019 by the II Additional Civil Judge and JMFC at Tirthahalli (for short "the trial Court").

The trial Court has acquitted the accused for the offence punishable under Section 420 of IPC. Section 420 is cognizable offence and non-bailable. Hence in view of Section 378 (1)(a) of Code of Criminal Procedure, 1973, the appeal lies to the Court of Sessions. Hence I proceed to pass the following :

ORDER

i. Appeal is dismissed as not maintainable before this Court.

ii. The office is directed to return the appeal memo along with necessary papers to the appellant.

iii. The appellant is at liberty to present the same before the proper jurisdictional Court.

iv. The appellant can avail the benefit of Section 14 of Limitation Act.

Sd/-

(G BASAVARAJA)

JUDGE RJ List No.: 1 Sl No.: 13