- 1 - HC-KAR NC: 2026:KHC:25584 CRL.A No. 770 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 770 OF 2025 (A) BETWEEN: THE PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, NAPOKLU – 571 214. MADIKERI TALUK AND DISTRICT. REPRESENTED BY AND ACTING THROUGH THE CHIEF EXECUTIVE OFFICER, POONACH S A. S/O S K APPAIAH, AGE 50 YEARS. …APPELLANT (BY SRI. PRASAD B S., ADVOCATE) AND: SMT P A RUKIYA W/O P A ALI, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25584 CRL.A No. 770 of 2025 AGE 53 YEASR, R/O INDIRA NAGARA, NAPOKLU TOWN AND POST, MADIKERI TALUK AND DISTRICT PIN CODE – 571 214. …RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS CRL.A FILED U/S 378(4) BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE AFORESAID JUDGMENT AND ORDER OF ACQUITTAL DATED 31.01.2025 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC AT MADIKERI, IN C.C.NO.2102/2022 THEREBY ACQUITTING THE RESPONDENT FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENT ACT, BY ALLOWING THIS CRIMINAL APPEAL AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:25584 CRL.A No. 770 of 2025 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:25584 CRL.A No. 770 of 2025 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 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 30.06.2026, without further notice of the concerned Court. 6. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court. - 5 - HC-KAR NC: 2026:KHC:25584 CRL.A No. 770 of 2025 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