- 1 - HC-KAR NC: 2025:KHC:48630 CRL.A No. 422 of 2022 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.422 OF 2022 (A) BETWEEN: SMT. VANI GOWDA K.B. W/O. SRI. KAMAL KUMAR, AGED ABOUT 39 YEARS, OFFICE AT NO.7, 1ST FLOOR, DOOR NO.20, 5TH CROSS, SIRSI ROAD, CHAMARAJAPET, BENGALURU – 560 018. … APPELLANT (BY SRI. SHIVARAJ N.ARALI, ADVOCATE) AND: 1. SMT. PADMASHREE J. W/O SRI. MURALIDHAR, AGE. MAJOR, CORPORATION BANK, RACE COURSE ROAD, KHANIJA BHAVAN, BENGALURU – 560 001, NOW WORKING AT: UNION BANK OF INDIA, B.D.A. COMPLEX BRANCH, BANASHANKARI 3RD STAGE, BENGALURU – 560 085. 2. SRI. MURALIDHAR S. S/O. LATE SAMPATH, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48630 CRL.A No. 422 of 2022 BOTH RESIDING AT: NO.10/13, 3RD CROSS, KIRLOSKAR COLONY, 3RD STAGE, BASAVESHWARNAGAR, BENGALURU – 560 079, PRESENTLY R/AT NO.37 71ST CROSS, 5TH BLOCK, RAJAJINAGAR, BENGALURU – 560 010. …RESPONDENTS (BY SRI. MAHESHCHANDRA B.N., ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, ALLOW THIS APPEAL OF THE APPELLANT/COMPLAINANT BY SETTING SIDE THE JUDGMENT AND ORDER DATED 29.12.2021 PASSED IN C.C.NO.13928/2017 BY THE LEARNED 20TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND CONVICT THE ACCUSED. THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED ON 30.07.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THE COURT DELIVERED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:48630 CRL.A No. 422 of 2022 CAV JUDGMENT 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 - 4 - HC-KAR NC: 2025:KHC:48630 CRL.A No. 422 of 2022 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:48630 CRL.A No. 422 of 2022 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 List No.: 19 Sl No.: 15