- 1 - HC-KAR NC: 2025:KHC:48182 CRL.A No. 1674 of 2016 C/W CRL.A No. 1652 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.1674 OF 2016 (A) C/W CRIMINAL APPEAL NO.1652 OF 2016 IN CRL.A NO.1674/2016 BETWEEN: SRI. P. SRIVATHSA UPADHYA S/O. LATE P.M.P.UPADHYA, AGED ABOUT 67 YEARS, RESIDING AT NO.730, 12TH MAIN, 3RD BLOCK, RAJAJINAGAR, BENGALURU – 560 010. … APPELLANT (BY SRI. RAVISHANKAR S., ADVOCATE) AND: SRI. K. NARAYANA S/O. LATE KRISHNAPPA, AGED ABOUT 45 YEARS, RESIDING AT NO.76, 7TH MAIN, MAHA GANAPATHI NAGAR, 6TH PHASE, 1ST STAGE, WEST OF CHORD ROAD, BENGALURU – 560 044. …RESPONDENT (BY SRI. H.C. NATARAJ, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT DATED 28.06.2016 PASSED BY THE XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU ACQUITTING THE Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48182 CRL.A No. 1674 of 2016 C/W CRL.A No. 1652 of 2016 ACCUSED IN C.C.NO.19025/2011 AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT BY ALLOWING THE ABOVE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.A NO.1652/2016 BETWEEN: SRI. M. SRIDHAR KARANTH S/O. LATE. MADAVA KARANTH, AGED ABOUT 62 YEARS, RESIDING AT CHINMAYEE, F-5, BLOCK-A, V.V.R. SUPREME RESIDENCY, NEXT TO BIPS UTTARAHALLI MAIN ROAD, BENGALURU-560 061. ...APPELLANT (BY SRI. H. JAYANTH POOJARY, ADVOCATE) AND: SRI. K. NARAYANA S/O. LATE. KRISHNAPPA, AGED ABOUT 52 YEARS, R/AT NO.76, 7TH MAIN ROAD, MAHAGANAPATHI NAGAR, 6TH PHASE, 1ST STAGE, WEST OF CHORD ROAD, BENGALURU-560 044. ...RESPONDENT (BY SRI. H.C. NATARAJ, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 22.06.2016 IN C.C.NO.19791/2011 ON THE FILE OF XVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND CONSEQUENTLY RESPONDENT BE CONVICTED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND DOUBLE THE CHEQUE AMOUNT BE AWARDED AS COMPENSATION IN FAVOUR OF THE COMPLAINANT/APPELLANT AND ETC.,. - 3 - HC-KAR NC: 2025:KHC:48182 CRL.A No. 1674 of 2016 C/W CRL.A No. 1652 of 2016 THESE CRIMINAL APPEALS HAVING BEEN HEARD AND RESERVED ON 03.07.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THE COURT DELIVERED THE FOLLOWING: 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 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2025:KHC:48182 CRL.A No. 1674 of 2016 C/W CRL.A No. 1652 of 2016 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. 5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 13.01.2026, without further notice of the concerned Court. - 5 - HC-KAR NC: 2025:KHC:48182 CRL.A No. 1674 of 2016 C/W CRL.A No. 1652 of 2016 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 MRK/CT: UMD List No.: 19 Sl No.: 9