- 1 - HC-KAR NC: 2025:KHC-D:16152 CRL.A No. 100107 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100107 OF 2019 (A-) BETWEEN: 1. SHRI. SANJAY DATTATARY KAREKAR, SINCE DEAD BY LRS. SMT. JYOTI W/O SANJAY KAREKAR, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO. 2523, MEERAPUR GALLI, SHAHAPUR, BELAGAVI, TQ: & DIST: BELAGAVI. 2. SHRI. SHUBHAM S/O SANJAY KAREKAR, AGE: 22 YEARS, OCC: BUSINESS, R/O: H.NO. 2523, MEERAPUR GALLI, SHAHAPUR, BELAGAVI, TQ: & DIST: BELAGAVI. 3. MISS. SIMRAN D/O SANJAY KAREKAR, AFTER MARRIAGE SMT. SIMRAN W/O JAYASH KHEDKAR, AGE: 20 YEARS, OCC: STUDENT NOW HOUSE HOLD WORK, R/O: H.NO.2523, MEERAPUR GALLI, SHAHAPUR, BELAGAVI, TQ: & DIST: BELAGAVI. …APPELLANTS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: SHRI. VINOD PUNDALIK ADKURKAR, AGE: 50 YEARS, OCC: BUSINESS, R/O: GANESH GALLI, BHAVANI NAGAR, MANDOLI ROAD, TILAKWADI, BELAGAVI, TQ: & DISTRICT: BELAGAVI- 590001. …RESPONDENT (BY SRI. M.T. BANGI, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.28 15:24:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16152 CRL.A No. 100107 of 2019 THIS CRIMINAL APPEAL IS FILED U/SEC.378(4) OF CR.P.C., PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 01.01.2019 PASSED BY THE VII JMFC COURT, BELAGAVI, IN CRIMINAL CASE NO.477/2018 FOR THE OFFENCE PUNISHABLE U/SEC.138 OF N.I. ACT AND ALLOW THE COMPLAINT OF THE APPELLANT AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, 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 appellants/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 1 2025 SCC Online SC 1320 - 3 - HC-KAR NC: 2025:KHC-D:16152 CRL.A No. 100107 of 2019 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 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. - 4 - HC-KAR NC: 2025:KHC-D:16152 CRL.A No. 100107 of 2019 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. 7. The learned counsel for the appellants 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 VMB List No.: 4 Sl No.: 30