- 1 - HC-KAR NC: 2026:KHC:13532 CRL.A No. 950 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 950 OF 2024 (A) BETWEEN: 1. SRI. JAGADISH G S/O GURUMALLAIAH AGED ABOUT 45 YEARS RESIDING AT D.NO.58/1 OOTY MAIN ROAD, SGS ASHRAMA POST BHAIRAVESHWARANAGAR MYSURU - 570 001. …APPELLANT (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND: 1. SMT. SAPNA M W/O VASANTH KUMAR D/O MOHAN KUMAR AGED ABOUT 37 YEAWRS RESIDING AT D.NO. 955 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13532 CRL.A No. 950 of 2024 BELAVATHA MYSURU DISTRICT – 570 001. AND ALSO R/AT C/O M. KEMPEGOWDA D.NO. 422, 3RD CROSS DODDA OKKALAGERI (K.T. STREET) K.R. HOSPITAL ROAD MANDI MOHALLA MYSURU - 570 001. …RESPONDENT (BY SRI. AJAY KUMAR, ADVOCATE) THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 02.03.2024 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND J.M.F.C., MYSURU IN C.C.NO.7301/2019 AND CONVICT THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND ETC., THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13532 CRL.A No. 950 of 2024 ORAL JUDGMENT 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 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.” 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2026:KHC:13532 CRL.A No. 950 of 2024 3. On careful reading of the judgment of the Apex Court supra, it is evident that, the complainant being the 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 Hon’ble 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 16.03.2026, without further notice of the concerned Court. 6. The Registry shall transmit entire appeal papers including appeal memos to the jurisdictional Sessions Court. - 5 - HC-KAR NC: 2026:KHC:13532 CRL.A No. 950 of 2024 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, the appeal stands disposed off. 9. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE BSS List No.: 1 Sl No.: 54