- 1 - HC-KAR NC: 2025:KHC:48627 CRL.A No. 1105 of 2020 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.1105 OF 2020 (A) BETWEEN: MR. ABHILASH L.PAWAR S/O. LINGESH BABU RAO, AGED ABOUT 33 YEARS, R/AT NO.5 DC -703, 5TH D CROSS, HRBR 2ND STAGE, 2ND BLOCK, KALYANA NAGARA, BENGALURU – 560 043. … APPELLANT (BY SRI. SHRIDHARA K., ADVOCATE) AND: SRI. SUBHASIS BEHERA S/O. BIDYADHAR BEHERA, AGED ABOUT 38 YEARS, E-148, G.G.P. COLONY, RASULGARH, BHUBANESWAR, ODISHA – 751 023, AND ALSO AT, WIPRO LIMITED (SEZ), IDCO IT SEZ, PLOT NO.E-8, INFOCITY, BHUBANESHWAR, ODISH-751024. …RESPONDENT (BY SRI. S.T. BIKKANNAVAR, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT/ORDER DATED 13.02.2020 PASSED BY THE XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU UNDER SECTION 255(1) OF THE CRIMINAL PROCEDURE CODE IN C.C.NO.16863 OF 2017 – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT, AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48627 CRL.A No. 1105 of 2020 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 CAV JUDGMENT (PER: 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 1 2025 SCC Online SC 1320 - 3 - HC-KAR NC: 2025:KHC:48627 CRL.A No. 1105 of 2020 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.” 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. - 4 - HC-KAR NC: 2025:KHC:48627 CRL.A No. 1105 of 2020 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. 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. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE NM List No.: 19 Sl No.: 12