- 1 - HC-KAR NC: 2025:KHC:48628 CRL.A No. 339 of 2021 C/W CRL.A No. 340 of 2021 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.339 OF 2021 (A) C/W CRIMINAL APPEAL NO.340 OF 2021 IN CRIMINAL APPEAL NO.339/2021 BETWEEN: SRI. S. NARAYANAN S/O. MANI @ SUBRAMANIYAM, AGED ABOUT 60 YEARS, R/AT. NO.15/2, 2ND MAIN ROAD, CHINNAPPA GARDEN, BENSON TOWN, BANGALORE – 560 046. … APPELLANT (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: SRI. S. SESH KUMAR S/O. M.S. SIVA SUBRAMANIYAM, AGED ABOUT 54 YEARS, R/AT. NO.157, MAKAN ROAD, BHARTHINAGAR, BANGALORE – 560 001. …RESPONDENT (BY SRI. ANTHONY CRUZE, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 18.11.2019, PASSED BY THE XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48628 CRL.A No. 339 of 2021 C/W CRL.A No. 340 of 2021 BENGALURU IN C.C.NO.60160/2017, ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT. IN CRIMINAL APPEAL NO.340 OF 2021 BETWEEN: SRI. S. NARAYANAN S/O. MANI @ SUBRAMANIYAM, AGED ABOUT 60 YEARS, R/AT. NO.15/2, 2ND MAIN ROAD, CHINNAPPA GARDEN, BENSON TOWN, BANGALORE – 560 046. … APPELLANT (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE) AND: SRI. S. SESH KUMAR S/O. M.S. SIVA SUBRAMANIYAM, AGED ABOUT 54 YEARS, R/AT. NO.157, MAKAN ROAD, BHARTHINAGAR, BANGALORE – 560 001. …RESPONDENT (BY SRI. ANTHONY CRUZE, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT DATED 18.11.2019 PASSED BY THE XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, BANGALORE IN C.C.NO.60161/2017 ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT. THESE CRIMINAL APPEALS HAVING BEEN HEARD AND RESERVED ON 20.08.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THE COURT DELIVERED THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC:48628 CRL.A No. 339 of 2021 C/W CRL.A No. 340 of 2021 CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV JUDGMENT 1. 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 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2025:KHC:48628 CRL.A No. 339 of 2021 C/W CRL.A No. 340 of 2021 not 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. - 5 - HC-KAR NC: 2025:KHC:48628 CRL.A No. 339 of 2021 C/W CRL.A No. 340 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 NM/CT: UMD List No.: 19 Sl No.: 13