- 1 - HC-KAR NC: 2025:KHC:21603 CRL.A No. 1158 of 2023 C/W CRL.A No. 1154 of 2023 CRL.A No. 1162 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.1158 OF 2023 (A) C/W CRIMINAL APPEAL NO.1154 OF 2023 CRIMINAL APPEAL NO.1162 OF 2023 IN CRIMINAL APPEAL NO.1158 OF 2023 BETWEEN: SMT. G.K. NIRMALA W/O. G.N. SRINIVASA NAIDU, AGED ABOUT 51 YEARS, R/A WARD NO.1, INDIRANAGAR, BEHIND POST OFFICE, GUDIBANDE TOWN-561 209, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT. …APPELLANT (BY SRI. CHETHAN A.C., ADVOCATE) AND: SMT. USHA G.C. W/O. BHASKAR, AGED ABOUT 47 YEARS, R/A “B” BLOCK, WARD NO.11, GUDIBANDE TOWN AND TALUK-561209, CHIKKABALLAPUR DISTRICT, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21603 CRL.A No. 1158 of 2023 C/W CRL.A No. 1154 of 2023 CRL.A No. 1162 of 2023 AND ALSO AT: LIBRARIAN, BMS INSTITUTE OF TECHNOLOGY, AVALAHALLI, DODDABALLAPUR ROAD, YELAHANKA, BENGALURU-560 064. …RESPONDENT (BY SRI. ANGAD KAMATH, ADVOCATE, AMICUS CURIAE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC PRAYING TO, SET ASIDE THE JUDGMENT OF THE CIVIL JUDGE AND JMFC, GUDIBANDE DATED 6TH MAY 2023 IN C.C.NO.121/2016 (ANNEXURE-A) ACQUITTING THE ACCUSED FOR THE OFFENCE UNDER SECTION 138 OF N.I. ACT, 1881 AND CONVICT THE ACCUSED AS PRAYED FOR IN THE COMPLAINT AND ETC.,. IN CRIMINAL APPEAL NO.1154 OF 2023 BETWEEN: G.K. MURTHY S/O. B.C. KRISHNAPPA, AGED ABOUT 49 YEARS, R/A WARD NO.1, INDIRANAGAR, BEHIND POST OFFICE, GUDIBANDE TOWN-561 209, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT. ...APPELLANT (BY SRI. CHETHAN A.C., ADVOCATE) AND: SMT. USHA G.C. W/O. BHASKAR, AGED ABOUT 47 YEARS, - 3 - HC-KAR NC: 2025:KHC:21603 CRL.A No. 1158 of 2023 C/W CRL.A No. 1154 of 2023 CRL.A No. 1162 of 2023 R/A “B” BLOCK, WARD NO.11, GUDIBANDE TOWN AND TALUK-561209, CHIKKABALLAPURA DISTRICT. AND ALSO AT: LIBRARIAN, BMS INSTITUTE OF TECHNOLOGY, AVALAHALLI, DODDABALLAPUR ROAD, YELAHANKA, BENGALURU-560 064. ...RESPONDENT (BY SRI. ANGAD KAMATH, ADVOCATE, AMICUS CURIAE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT OF THE CIVIL JUDGE AND J.M.F.C., GUDIBANDE DATED 06.05.2023 IN C.C.NO.123/2016 (ANNEXURE-A) ACQUITTING THE ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT AND CONVICT THE ACCUSED AS PRAYED FOR IN THE COMPLAINT AND ETC.,. IN CRIMINAL APPEAL NO.1162 OF 2023 BETWEEN: G.K. MURTHY S/O. B.C. KRISHNAPPA, AGED ABOUT 49 YEARS, R/A WARD NO.1, INDIRANAGAR, BEHIND POST OFFICE, GUDIBANDE TOWN-561 209, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT. ...APPELLANT (BY SRI. CHETHAN A.C., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:21603 CRL.A No. 1158 of 2023 C/W CRL.A No. 1154 of 2023 CRL.A No. 1162 of 2023 AND: SMT. USHA G.C. W/O. BHASKAR, AGED ABOUT 47 YEARS, R/A “B” BLOCK, WARD NO.11, GUDIBANDE TOWN AND TALUK-561 209, CHIKKABALLAPUR DISTRICT, AND ALSO AT: LIBRARIAN, BMS INSTITUTE OF TECHNOLOGY, AVALAHALLI, DODDABALLAPUR ROAD, YELAHANKA, BENGALURU-560 064. ...RESPONDENT (BY SRI. ANGAD KAMATH, ADVOCATE, AMICUS CURIAE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT OF THE CIVIL JUDGE AND J.M.F.C., GUDIBANDE DATED 06.05.2023 IN C.C.NO.122/2016 (ANNEXURE-A) ACQUITTING THE ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND CONVICT THE ACCUSED AS PRAYED FOR AND ETC.,. THESE CRIMINAL APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:21603 CRL.A No. 1158 of 2023 C/W CRL.A No. 1154 of 2023 CRL.A No. 1162 of 2023 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT These appeals are 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 1 2025 SCC Online SC 1320 - 6 - HC-KAR NC: 2025:KHC:21603 CRL.A No. 1158 of 2023 C/W CRL.A No. 1154 of 2023 CRL.A No. 1162 of 2023 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. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court. - 7 - HC-KAR NC: 2025:KHC:21603 CRL.A No. 1158 of 2023 C/W CRL.A No. 1154 of 2023 CRL.A No. 1162 of 2023 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.: 22