- 1 - HC-KAR NC: 2026:KHC:26283 CRL.A No. 101 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 101 OF 2021 (A) BETWEEN: YOGESH GOURAV T S/O THIMAIAH H, AGED ABOUT 31 YEARS, R/O EWS NO. 529, 14TH CROSS, KUVEMPUNAGAR, HASSAN - 573 201 …APPELLANT (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: GANGANNA S/O LAKSHMEGOWDA AGED ABOUT 50 YEARS, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26283 CRL.A No. 101 of 2021 RESIDENT OF ANUGAVALLI VILLAGE, DUDDA HOBALI, HASSAN TQ AND DIS, WORKING AS CLERK, MECHANICAL DEPARTMENT, MALNAD COLLEGE OF ENGINEERING, HASSAN - 573 201. …RESPONDENT (BY SRI. K RAVISHANKAR., ADVOCATE) ---- THIS CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE I JUDGMENT DATED 29.11.2019 PASSED BY THE LEARNED V ADDITIONAL CIVIL JUDGE AND JMFC, AT HASSAN IN C.C.NO.1708/2016, ACQUITTING THE RESPONDENT / ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION.138 OF N.I. ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26283 CRL.A No. 101 of 2021 CORAM: HON'BLE MR. JUSTICE S RACHAIAH 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, 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2026:KHC:26283 CRL.A No. 101 of 2021 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 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:26283 CRL.A No. 101 of 2021 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 List No.: 1 Sl No.: 1