- 1 - HC-KAR NC: 2025:KHC-D:16484 CRL.A No. 100454 of 2021 C/W CRL.A No. 100455 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100454 OF 2021 (A-) C/W CRIMINAL APPEAL NO. 100455 OF 2021 IN CRL.A. NO. 100454/2021 BETWEEN: DR. VISHAL VEERABASU KOULAPUR, AGED ABOUT 42 YEARS, OCC. MEDICAL OFFICER, R/O. A-14/18, STAFF QUARTERS, JNMC CAMPUS, NEHRU NAGAR, BELAGAVI – 590003. …APPELLANT (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: ABHIJEET SHRIKANT MAHENDRAKAR, AGED ABOUT 39 YEARS, OCC: FINANCE BUSINESS, BAPURAO GODSE SAMITI BUILDING, NEAR PATEDHAR BHAVAN, 5TH CROSS, SHASTRI NAGAR, BELAGAVI – 590003. …RESPONDENT (BY SRI. GURUDEV GACHHINNMATH, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C., SEEKING TO ALLOW THE CRIMINAL APPEAL AND SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 19.11.2021 PASSED BY JMFC-V, BELAGAVI IN CRIMINAL CASE NO.1800/2018 AND CONVICT THE RESPONDENT HEREIN/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16484 CRL.A No. 100454 of 2021 C/W CRL.A No. 100455 of 2021 THE N.I. ACT AND THIS HON’BLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT HEREIN/ACCUSED TO PAY DOUBLE THE CHEQUE AMOUNT AS COMPENSATION. IN CRL.A. NO. 100455/2021 BETWEEN: DR. VISHAL VEERABASU KOULAPUR, AGED ABOUT 42 YEARS OCC. MEDICAL OFFICER R/O. A-14/18 STAFF QUARTERS JNMC CAMPUS, NEHRU NAGAR BELAGAVI – 590003. …APPELLANT (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: ABHIJEET SHRIKANT MAHENDRAKAR, AGED ABOUT 39 YEARS, OCC: FINANCE BUSINESS, BAPURAO GODSE SAMITI BUILDING, NEAR PATEDHAR BHAVAN, 5TH CROSS, SHASTRI NAGAR, BELAGAVI – 590003. …RESPONDENT (BY SRI. GURUDEV GACHHINNAMATH, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 378 (1) AND (4) OF CR.P.C., SEEKING TO ALLOW THE CRIMINAL APPEAL AND SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 19.11.2021 PASSED BY JMFC-V, BELAGAVI IN CRIMINAL CASE NO.1796/2018 AND CONVICT THE RESPONDENT HEREIN/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT AND THIS HON’BLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT HEREIN/ACCUSED TO PAY DOUBLE THE CHEQUE AMOUNT AS COMPENSATION. THESE CRIMINAL APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16484 CRL.A No. 100454 of 2021 C/W CRL.A No. 100455 of 2021 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:16484 CRL.A No. 100454 of 2021 C/W CRL.A No. 100455 of 2021 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:16484 CRL.A No. 100454 of 2021 C/W CRL.A No. 100455 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 SMM List No.: 3 Sl No.: 31