- 1 - HC-KAR NC: 2025:KHC-D:18727 CRL.A No. 100081 of 2018 C/W CRL.A No. 100082 of 2018 CRL.A No. 100083 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100081 OF 2018 (A) C/W CRIMINAL APPEAL NO. 100082 OF 2018 CRIMINAL APPEAL NO. 100083 OF 2018 IN CRL.A. NO. 100081/2018 BETWEEN: VISHWANATH S/O VIRUPAKSH TAMRAGUNDI AGE: 28 YEARS, OCC: AGRICULTURE, R/O: KALAKERI, TQ: MUNDARAGI, DIST: GADAG- 581117. …APPELLANT (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) AND: VIRUPAKSHAPPA S/O CHANNAMALLAPPA ALLIPUR, AGE: 55 YEARS, OCC: TEACHER, VIDYANAGAR, NEAR NEW BUS-STAND, R/O: MUNDARGI, TQ: MUNDARGI, DIST: GADAG- 581117. …RESPONDENT (BY SRI. SUNIL S. DESAI, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18727 CRL.A No. 100081 of 2018 C/W CRL.A No. 100082 of 2018 CRL.A No. 100083 of 2018 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 01.01.2018 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, MUNDARAGI, IN C.C.NO.97/2013 OFFENCE PUNISHABLE U/SEC. 138 OF NI ACT AND REMAND THE MATTER TO THE TRIAL COURT FOR FRESH CONSIDERATION AND ETC. IN CRL. A. NO. 100082/2018 BETWEEN: VIRUPAKSHAPPA S/O MALLAPPA TAMRAGUNDI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: KALAKERI, TQ: MUNDARAGI, DIST: GADAG- 581117. …APPELLANT (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) AND: VIRUPAKSHAPPA S/O CHANNAMALLAPPA ALLIPUR, AGE: 55 YEARS, OCC: TEACHER, VIDYANAGAR, NEAR NEW BUS-STAND, R/O: MUNDARGI, TQ: MUNDARGI, DIST: GADAG- 581117. …RESPONDENT (BY SRI. SUNIL S. DESAI, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 01.01.2018 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, MUNDARAGI, IN C.C.NO.210/2013 AND REMAND THE MATTER TO THE TRIAL COURT FOR FRESH CONSIDERATION AND ETC.,. - 3 - HC-KAR NC: 2025:KHC-D:18727 CRL.A No. 100081 of 2018 C/W CRL.A No. 100082 of 2018 CRL.A No. 100083 of 2018 IN CRL.A. NO. 100083/2018 BETWEEN: CHANDRASHEKHAR S/O MALLAPPA TAMRAGUNDI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: KALAKERI, TQ: MUNDARAGI, DIST: GADAG- 581117. …APPELLANT (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) AND: VIRUPAKSHAPPA S/O CHANNAMALLAPPA ALLIPUR, AGE: 55 YEARS, OCC: TEACHER, VIDYANAGAR, NEAR NEW BUS-STAND, R/O: MUNDARGI, TQ: MUNDARGI, DIST: GADAG- 581117. …RESPONDENT (BY SRI. SUNIL S. DESAI, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 01.01.2018 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, MUNDARAGI, IN C.C.NO.212/2013 OFFENCE PUNISHABLE U/SEC. 138 OF NI ACT AND REMAND THE MATTER TO THE TRIAL COURT FOR FRESH CONSIDERATION AND ETC.,. THESE CRIMINAL APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:18727 CRL.A No. 100081 of 2018 C/W CRL.A No. 100082 of 2018 CRL.A No. 100083 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. These appeals are filed by the appellants/complainants 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 to sub-section (4) of Section 378 of the Cr.PC.” 1 2025 SCC Online SC 1320 - 5 - HC-KAR NC: 2025:KHC-D:18727 CRL.A No. 100081 of 2018 C/W CRL.A No. 100082 of 2018 CRL.A No. 100083 of 2018 3. On careful reading of the judgment of the Apex Court supra, it is evident that, the complainants being victims have 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 appeals by the complainants against the order of acquittal are not maintainable before this Court. Since this Court has no jurisdiction to decide the appeals on merit, the appeals are transferred to jurisdictional Appellate Court/Sessions Court. 5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 27.01.2026, without further notice of the concerned Court. 6. The Registry shall transmit entire appeal papers including appeal memos to the jurisdictional Sessions Court. - 6 - HC-KAR NC: 2025:KHC-D:18727 CRL.A No. 100081 of 2018 C/W CRL.A No. 100082 of 2018 CRL.A No. 100083 of 2018 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, these appeals stand disposed off. 9. Ordered accordingly. SD/- (S.RACHAIAH) JUDGE RH List No.: 2 Sl No.: 7