- 1 - HC-KAR NC: 2025:KHC-D:18499 CRL.A No. 100254 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100254 OF 2024 (A-) BETWEEN: SHRI. AKASH S/O SHIRISHAIL KAPSE, AGED: 25 YEARS, OCC: BUSINESS, R/O: KIADB PLOT, PRASANNA NILAYA, HALIYAL ROAD, DHARWAD- 580003. …APPELLANT (BY SMT. GAYATRI S.R., AND SRI. ANKIT R. DESAI, ADVOCATES) AND: 1. SHRI. PUTTABUDHI, AGE ABOUT 49 YEARS OCC: FDA, KGID DEPARTMENT, VV POWER, 19TH FLOOR, AMBEDKAR ROAD OPP. HEAD POST OFFICE, BANGALORE NO 1. 2. SMT. SUMA HM, AGE ABOUT 41 YEARS, OCC: FDA, KGID DEPARTMENT, VV TOWER, 19TH FLOOR, AMBEDKAR ROAD, OPP: HEAD POST OFFICE, BANGALORE. …RESPONDENTS THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. SEEKING TO SET ASIDE IMPUGNED JUDGMENT DATED 01.02.2024 PASSED BY THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND C.J.M., DHARWAD IN CRIMINAL CASE NO. 2437/2023 AND CONSEQUENTLY ALLOW THE APPEAL CONVICTING THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/SEC. 138 OF NI ACT AND ETC. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18499 CRL.A No. 100254 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE 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 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 1 2025 SCC Online SC 1320 - 3 - HC-KAR NC: 2025:KHC-D:18499 CRL.A No. 100254 of 2024 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. 5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 27.01.2026, without further notice of the concerned Court. - 4 - HC-KAR NC: 2025:KHC-D:18499 CRL.A No. 100254 of 2024 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. 9. Ordered accordingly. Sd/- (S.RACHAIAH) JUDGE SMM List No.: 2 Sl No.: 65