- 1 - HC-KAR NC: 2025:KHC:50463 CRL.A No. 218 of 2015 C/W CRL.A No. 219 of 2015 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.218 OF 2015 (A) C/W CRIMINAL APPEAL NO.219 OF 2015 IN CRIMINAL APPEAL NO.218 OF 2015 (A) BETWEEN: 1. SMT. SHAKUNTHALA C.MENDA W/O. SHRI CHATRU KISHINDAS MENDA AGED ABOUT 60 YEARS, RESIDING AT 34/1 NANJAPPA ROAD, SHANTHI NAGAR, BENGALURU – 560 027. SINCE DECEASED BY HER LRS. 1(a) CHATRU KISHINDAS MENDA S/O. KISHINDAS, AGED ABOUT 75 YEARS, 1(b) MUKESH CHATRU MENDA S/O CHATRU KISHINDAS MENDA, AGED ABOUT 49 YEARS, 1(c) KRISHNE LALITH KALATI D/O. CHATRU KISHINDAS MENDA, AGED ABOUT 47 YEARS, 1(d) SHYAM CHATRU MENDA S/O. CHATRU KISHINDAS MENDA, - 2 - HC-KAR NC: 2025:KHC:50463 CRL.A No. 218 of 2015 C/W CRL.A No. 219 of 2015 AGED ABOUT 44 YEARS, ALL ARE RESIDING AT NO.34/1, NANJAPPA ROAD, NEAR NEW SHANTI NAGAR, BENGALURU – 560 027. … APPELLANTS (BY SRI. THEJESH P., ADVOCATE) AND: 1. M/S.MANDYA PIPE CENTRE NO.14, 1ST FLOOR, 4TH CROSS (NALA CROSS), LALBHAGH ROAD, BENGALURU-560027 (REP. BY ITS PROPRIETOR SRI. VEERANDRA N.DOSHI) 2. SHRI VEERANDRA N.DOSHI PROPRIETOR OF M/S. MANDYA PIPECENTRE NO.238 ASHIYANA, 13TH CROSS, VALIL GARDEN CITY THALAGAHATTAPURA KANAKAPURA MAIN ROAD, BENGALURU –560 062. 3. SHRI. HIMANSHU D.SANGHVI, AGED ABOUT 50 YEARS, RESIDING AT FLAT NO.1401 & 1402 14TH FLOOR MANTRI TRANQUIL APARTMENTS OFF KANAKAPURA ROAD, GUBBALALA, BENGALURU–560 062. AND ALSO AT, M/S. SCISSORS ENRICH BEAUTY AND FITNESS PVT. LTD., GOLDEN GYM, NO.67, 1ST FLOOR 15TH CROSS ROAD, SARAKKI INDUSTRIAL LAYOUT, 3RD PHASE JP NAGAR, BENGALURU–560 078. … RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:50463 CRL.A No. 218 of 2015 C/W CRL.A No. 219 of 2015 (BY SRI. M. VINOD KUMAR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C. PRAYING TO, SET ASIDE THE ORDER DATED 19.01.2015, PASSED BY THE XIX ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C.NO.116/2012 – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT. IN CRIMINAL APPEAL NO.219 OF 2015 BETWEEN: SHRI. C.K. MENDA (HUF) S/O. LATE KISHANDAS MENDA, AGED ABOUT 69 YEARS, RESIDING AT NO.34/1, NANJAPPA ROAD, SHANTHI NAGAR, BENGALURU–560 027, FOR SELF AND ON BEHALF OF HUF. … APPELLANT (BY SRI. THEJESH P., ADVOCATE) AND: 1. M/S. MANDYA PIPE CENTRE NO.14, 1ST FLOOR, 4TH CROSS, (NALA CROSS), LALBAGH ROAD, BENGALURU–560 027, REPRESENTED BY ITS PROPRIETOR SRI. VEERENDRA N.DOSHI. 2. SHRI. VEERANDRA N.DOSHI PROPRIETOR OF M/S. MANDYA PIPE CENTRE, NO.238, ASHIYANA, 13TH CROSS, VAKIL GARDEN CITY, THALAGHATTAPURA, - 4 - HC-KAR NC: 2025:KHC:50463 CRL.A No. 218 of 2015 C/W CRL.A No. 219 of 2015 KANAKAPURA MAIN ROAD, BENGALURU–560 062. 3. SHRI. HIMANSHU D.SANGHVI, AGED ABOUT 50 YEARS, RESIDING AT FLAT NO.1401 & 1402, 14TH FLOOR, MANTRI, TRANQUIL APARTMENTS, OFF; KANAKAPURA ROAD, GUBBALALA, BENGALURU – 560 062. AND ALSO AT, M/S. SCISSORS ENRICH BEAUTY AND FITNESS PVT. LTD., GOLDEN GYM, NO.67, 1ST FLOOR 15TH CROSS ROAD, SARAKKI INDUSTRIAL LAYOUT, 3RD PHASE, J.P. NAGAR, BENGALURU–560 078. …RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C. PRAYING TO, SET ASIDE THE ORDER DATED 19.01.2015, PASSED BY THE XIX ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN C.C.NO.117/2012 – ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT. THESE CRIMINAL APPEALS HAVING BEEN HEARD AND RESERVED ON 12.09.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THE COURT DELIVERED THE FOLLOWING: - 5 - HC-KAR NC: 2025:KHC:50463 CRL.A No. 218 of 2015 C/W CRL.A No. 219 of 2015 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 - 6 - HC-KAR NC: 2025:KHC:50463 CRL.A No. 218 of 2015 C/W CRL.A No. 219 of 2015 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. - 7 - HC-KAR NC: 2025:KHC:50463 CRL.A No. 218 of 2015 C/W CRL.A No. 219 of 2015 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.: 2