- 1 - HC-KAR NC: 2026:KHC:26683 CRL.A No. 851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 851 OF 2025 (A) BETWEEN: M/S VIJAYA CREDIT CO OPERATIVE SOCIETY LIMITED KULAI BRANCH, KULAI, MANGALURU, PRESENT SURATHKAL BRANCH, MANGALORE, D.K. – 575 019. REPRESENTED THEREIN BY K.V.RAMAKRISHNA SHETTY, REP HEREIN BY ITS PRESENT BRANCH MANAGER, SMT.AKSHATHA, W/O JITHESH KUMAR SHETTY, AGE 36 YEARS. …APPELLANT (BY SMT N NANDITHA DAS AND SRI. ANANDARAMA K., ADVOCATES ) AND: MR. JAIRAJ P JOGI S/O PRABHAKAR JOGI, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26683 CRL.A No. 851 of 2025 AGED ABOUT 47 YEARS, RESIDING AT DOOR NO.23, 20TH STREET, N.M.P.T COLONY, PANAMBUR, MANGALORE - 575 010. …RESPONDENT ---- THIS CRL.A FILED U/S 378(4) CR.P.C (U/S 419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE JUDGEMENT DATED 22.04.2022 PASSED BY THE COURT OF JMFC IV COURT, MANGALURU AND CONCURRENT CHARGE OF JMFC IX COURT, MANGALURU, IN CC.NO.1490/2018 AND CONSEQUENTLY CONVICT THE ACCUSED, FOR THE OFFENCE P/U/S 138 OF N.I ACT, 1881, THEREBY ALLOWING THE COMPLAINT IN CC.NO.1490/2018. GRANT COSTS OF THE PROCEEDINGS AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26683 CRL.A No. 851 of 2025 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, he can still proceed under the proviso to 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2026:KHC:26683 CRL.A No. 851 of 2025 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 Hon’ble 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 Celestium Financial case 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 the 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 the entire appeal papers, including the appeal memo, to the jurisdictional Sessions Court. - 5 - HC-KAR NC: 2026:KHC:26683 CRL.A No. 851 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 purposes, this appeal stands disposed of. Ordered accordingly. In view of the disposal of the appeal, pending I.A., if any, does not survive for consideration and the same is also disposed of. Sd/- (S RACHAIAH) JUDGE NR List No.: 1 Sl No.: 9