- 1 - HC-KAR NC: 2025:KHC:28969 CRL.A No. 725 of 2018 C/W CRL.A No. 726 of 2018 CRL.A No. 727 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.725 OF 2018 (378(Cr.PC) / 419(BNSS)) C/W CRIMINAL APPEAL NO.726 OF 2018 CRIMINAL APPEAL NO.727 OF 2018 IN CRIMINAL APPEAL No.725/2018 BETWEEN: SRI. S. CHANDRA SHEKAR S/O. LATE. D.Y. SHAMANNA, AGED ABOUT 40 YEARS, RESIDING AT NO.71/2, 6TH CROSS, DOMLUR, BENGALURU-71. &APPELLANT (BY SRI. NAGARAJA RAO K.S., ADVOCATE) AND: MR. P. LAKSHMIPATHY S/O. PAPAIAH REDDY, AGED ABOUT 49 YEARS, RESIDING AT NO.379, WEST WING ROAD, AMARAJYOTHI LAYOUT, DOMLUR, BENGALURU-71. &RESPONDENT (BY SRI. P.B. RAJU, ADVOCATE) - 2 - HC-KAR NC: 2025:KHC:28969 CRL.A No. 725 of 2018 C/W CRL.A No. 726 of 2018 CRL.A No. 727 of 2018 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL OF THE RESPONDENT/ACCUSED IN CRIMINAL CASE NO.54579/2016 DATED 02.04.2018 PASSED BY THE LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY BY CONVICTING THE RESPONDENT UNDER SECTION 138 OF THE N.I. ACT. IN CRIMINAL APPEAL NO.726/2018 BETWEEN: SRI. S. SATISH KUMAR S/O. LATE. D.Y. SHAMANNA, AGED ABOUT 38 YEARS, RESIDING AT NO.10, MANASA, MAHADEVAPURA, BENGALURU-16. ...APPELLANT (BY SRI. NAGARAJA RAO K.S., ADVOCATE) AND: MR. P. LAKSHMIPATHY S/O. PAPAIAH REDDY, AGED ABOUT 49 YEARS, RESIDING AT NO.379, WEST WING ROAD, AMARAJYOTHI LAYOUT, DOMLUR, BENGALURU-71. ...RESPONDENT (BY SRI. P.B. RAJU, ADVOCATE) THIS CRIMINAL APPEAL IS UNDER SECTION 378(4) CR.P.C., PRAYING TO, ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL OF THE RESPONDENT/ACCUSED IN CRIMINAL CASE NO.54580/2016 DATED 02.04.2018 PASSED BY THE - 3 - HC-KAR NC: 2025:KHC:28969 CRL.A No. 725 of 2018 C/W CRL.A No. 726 of 2018 CRL.A No. 727 of 2018 LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY BY CONVICTING THE RESPONDENT UNDER SECTION 138 OF THE N.I. ACT. IN CRIMINAL APPEAL NO.727/2018 BETWEEN: SRI. S. SRINIVAS S/O. LATE. D.Y. SHAMANNA, AGED ABOUT 53 YEAS, RESIDING AT NO.4/1, GURUMURTHY STREET, RAMAKRISHNA MUTT ROAD, ULSOOR, BENGALURU-08. ...APPELLANT (BY SRI. NAGARAJA RAO K.S., ADVOCATE) AND: MR. P. LAKSHMIPATHY S/O. PAPAIAH REDDY, AGED ABOUT 49 YEARS, RESIDING AT NO.379, WEST WING ROAD, AMARAJYOTHI LAYOUT, DOMLUR, BENGALURU-71. ...RESPONDENT (BY SRI. P.B. RAJU, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4)CR.P.C., PRAYING TO, ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL OF THE RESPONDENT/ACCUSED IN THE CRIMINAL CASE NO.54581/2016 DATED 02.04.2018, PASSED BY THE LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY BY CONVICTING THE RESPONDENT UNDER SECTION 138 OF THE N.I. ACT. - 4 - HC-KAR NC: 2025:KHC:28969 CRL.A No. 725 of 2018 C/W CRL.A No. 726 of 2018 CRL.A No. 727 of 2018 THESE CRIMINAL APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. These appeals are filed by the appellant/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 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 1 2025 SCC Online SC 1320 - 5 - HC-KAR NC: 2025:KHC:28969 CRL.A No. 725 of 2018 C/W CRL.A No. 726 of 2018 CRL.A No. 727 of 2018 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. 5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 13.01.2026, without further notice of the concerned Court. - 6 - HC-KAR NC: 2025:KHC:28969 CRL.A No. 725 of 2018 C/W CRL.A No. 726 of 2018 CRL.A No. 727 of 2018 6. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court. 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 NM/CT: UMD List No.: 19 Sl No.: 2