- 1 - HC-KAR NC: 2025:KHC-D:16316 CRL.A No. 100206 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100206 OF 2021 (378(Cr.PC)/419(BNSS)-) BETWEEN: SRI. PENCHALAPADU KISHORE, S/O LATE P.C. NARAYANA, OCC. BUSINESS, R/O. #1, “KALAVATHI NILAYAM”, BESIDE STATE BANK OF INDIA, CANTONMENT BRANCH, INFANTRY ROAD, NEAR SUDHA CROSS GATE, BALLARI- 583104. …APPELLANT (BY SRI. SHIVARAJA HIREMATH, ADVOCATE) AND: SRI. KHAJA HUSSAIN S/O ABDUL SHUKUR SAB, AGE: 40 YEARS, R/O: NEAR ELAHI MASJID, MARISWAMY MUTT, BALLARI- 583101. …RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL APPEAL FILED U/S 378 OF CR.P.C. SEEKING TO CALL FOR THE RELEVANT IN C.C.NO.296/2014 FROM THE II ADDL. CIVIL JUDGE AND JMFC., BALLARI AND SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 08/09/2020 PASSED IN C.C.NO.296/2014 BY THE II ADDL. CIVIL JUDGE AND JMFC, BALLARI AND CONSEQUENTLY AND ALLOW THE APPEAL AND THE COMPLAINT IN C.C.NO.296/2014 ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC., BALLARI AND CONSEQUENTLY PUNISH THE RESPONDENT / ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16316 CRL.A No. 100206 of 2021 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court. 2. 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 1 2025 SCC Online SC 1320 - 3 - HC-KAR NC: 2025:KHC-D:16316 CRL.A No. 100206 of 2021 proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the Cr.PC.” 3. On careful reading of the judgment of the Apex Court supra, it is evident that, the complainant being 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. 4. In view of the law laid down by the Apex Court, in Celestial 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 jurisdictional Appellate Court/Sessions Court. 5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 13.01.2026, without further notice of the concerned Court. 6. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court. - 4 - HC-KAR NC: 2025:KHC-D:16316 CRL.A No. 100206 of 2021 7. The learned counsel for the appellant shall have the liberty to carry out the amendment in the cause title and also the provisions thereof. 8. For statistical purpose, this appeal stands disposed off. 9. Ordered accordingly. SD/- (S.RACHAIAH) JUDGE PJ List No.: 3 Sl No.: 15