- 1 - HC-KAR NC: 2025:KHC-D:16121 CRL.A No. 100043 of 2018 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. 100043 OF 2018 (A-) BETWEEN: 1. SHIVAKUMAR SHANKARAPPA SHETTAR, (SINCE DECEASED NOW REP BY LR9S. 1A. JYOTI W/O. SHIVAKUMAR SHETTAR, AGE: 51 YEARS, OCC: HOUSEWIFE, 1B. SHREYA D/O. SHIVAKUMAR SHETTAR, AGE: 28 YEARS, OCC: STUDENT, 1C. SHRAVAN S/O. SHIVAKUMAR SHETTAR, AGE: 24 YEARS, OCC: PRIVATE JOB, ALL ARE R/AT: PLOT NO. 16, JAY NAGAR, VIDYA NAGAR, HUBBALLI- 580021. &APPELLANTS (BY SRI. G.S. MOT, ADVOCATE) AND: 1. TECHNO CONSTRUCTIONS JADAV COMPLEX, MARATHA COLONY ROAD, DHARWAD, PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER. 2. SHRIKANT RAGHURAM SHETTY PARTNER OF TECHNO CONSTRUCTIONS, JADAV COMPLEX, MARATHA COLONY ROAD, DHARWAD. 3. SANGRAM JADAV, PARTNER OF TECHNO CONSTRUCTIONS, JADAV COMPLEX, MARATHA COLONY ROAD, DHARWAD. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.28 15:24:33 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16121 CRL.A No. 100043 of 2018 4. VINAYAK GAVAKAR, PARTNER OF TECHNO CONSTRUCTIONS, JADAV COMPLEX, MARATHA COLONY ROAD, DHARWAD. &RESPONDENTS (BY SRI. B.A. CHANNAPPA, ADVOCATE FOR R1 TO R4) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C., SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT OF ACQUITTAL PASSED BY THE JMFC-II COURT, HUBBALLI IN C.C.NO.2071/2016 AND CONVICT THE RESPONDENT HEREIN FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR HEARING, 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 Hon9ble 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 1 2025 SCC Online SC 1320 - 3 - HC-KAR NC: 2025:KHC-D:16121 CRL.A No. 100043 of 2018 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 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 - 4 - HC-KAR NC: 2025:KHC-D:16121 CRL.A No. 100043 of 2018 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. 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.: 10