- 1 - HC-KAR NC: 2025:KHC-D:16365 CRL.A No. 100061 of 2021 C/W CRL.A No. 100328 of 2020 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. 100061 OF 2021 (A-) C/W CRIMINAL APPEAL NO. 100328 OF 2020 IN CRL. A. NO. 100061/2021 BETWEEN: SHABBIR S/O GULABSAB BIDIWALE, AGE. 47 YEARS, OCC. BUSINESS, R/O. MUDHOL- 587313, TQ. MUDHOL, DIST. BAGALAKOTE …APPELLANT (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: DR. ABDUL SAHEB MAHABUBOOB SAHEB KESARI AGE. 57 YEARS, OCC. M. S. ORTHOPEDIC DOCTOR, R/O. E.S.I. DISPENSARY WILSON GARDEN, GOVERNMENT HOSPITAL, BENGALURU – 560027. …RESPONDENT (BY SRI. GANESH RAIBAG, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C., SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 10/11/2019 PASSED IN CC NO.02/2018 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL AND CONVICT THE ACCUSED/RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16365 CRL.A No. 100061 of 2021 C/W CRL.A No. 100328 of 2020 IN CRL.A. NO. 100328/2020 BETWEEN: SMT. MAMATAZ W/O. SHABBIR BIDIWALE, AGE. 42 YEARS, OCC. HOUSEHOLD WORK, R/O. MUDHOL- 587313, TQ. MUDHOL, DIST. BAGALAKOTE. …APPELLANT (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: DR. ABDUL SAHEB MAHABUBOOB SAHEB KESARI, AGE. 57 YEARS, OCC. M. S. ORTHOPEDIC DOCTOR R/O. E.S.I. DISPENSARY WILSON GARDEN, GOVERNMENT HOSPITAL, BENGALURU- 560027 …RESPONDENT (BY SRI. GANESH RAIBAG, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 378 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 20.10.2020 PASSED IN CC NO. 01/2018 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC MUDHOL AND CONVICT THE ACCUSED/RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT. THESE CRIMINAL APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16365 CRL.A No. 100061 of 2021 C/W CRL.A No. 100328 of 2020 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 proviso to Section 372 and need not advert 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2025:KHC-D:16365 CRL.A No. 100061 of 2021 C/W CRL.A No. 100328 of 2020 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. - 5 - HC-KAR NC: 2025:KHC-D:16365 CRL.A No. 100061 of 2021 C/W CRL.A No. 100328 of 2020 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.: 45