- 1 - HC-KAR NC: 2025:KHC-D:18422 CRL.A No. 100272 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100272 OF 2020 (378(Cr.PC)/419(BNSS)-) BETWEEN: D. VIJAY KUMAR S/O LATE MUTYALAPPA, AGED ABOUT 66 YEARS, OCC. AGRICULTURE, R/O: VIDHYANAGAR, 4TH CROSS, KOLAGALLU ROAD, BALLARI- 583101. …APPELLANT (BY SRI. HARSH DESAI, ADVOCATE) AND: K. RAMAPPA S/O NETTAPPA, AGED ABOUT 58 YEARS, OCC. MINING BUSINESS, R/O: VIDYANAGAR, 5TH CROSS, KOLAGALLU ROAD, BALLARI- 583101. …RESPONDENT (BY SRI. SRINAND A. PACHCHAPURE, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT DATED 29/07/2020 PASSED BY THE COURT OF THE I ADDL. CIVIL JUDGE AND JMFC AT BALLARI IN CC NO.1125 OF 2017 (PC NO.197 OF 2017) AND HOLD THE RESPONDENT HEREIN GUILTY OF THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT 1881 AND AWARD SUITABLE COMPENSATION TO THE COMPLAINANT / APPELLANT HEREIN BY ALLOWING THIS CRIMINAL APPEAL AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR - 2 - HC-KAR NC: 2025:KHC-D:18422 CRL.A No. 100272 of 2020 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 to sub-section (4) of Section 378 of the Cr.PC.” 1 2025 SCC Online SC 1320 - 3 - HC-KAR NC: 2025:KHC-D:18422 CRL.A No. 100272 of 2020 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 27.01.2026, without further notice of the concerned Court. 6. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court. - 4 - HC-KAR NC: 2025:KHC-D:18422 CRL.A No. 100272 of 2020 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.: 2 Sl No.: 169