- 1 - HC-KAR NC: 2026:KHC:28025 CRL.A No. 2018 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 2018 OF 2025 (A) BETWEEN: SRI.PHANI KUMAR P N AGED ABOUT 42 YEARS, S/O LATE P.NAGARAJ, RESIDENT OF NO.109, M.B.R.SAPHIRA APARTMENTS, 5TH CROSS, NEAR VIJAYASHREE HOSPITAL, BORA LAYOUT, GOTTIGERE, BANNERUGHATTA ROAD, BENGALURU - 560 083. …APPELLANT (BY SRI. MANJUNATHA H R., ADVOCATE) AND: SRI.ABHIJITH RAJU.K Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28025 CRL.A No. 2018 of 2025 AGED ABOUT 31 YEARS, S/O LATE SRI.PADMANABHA RAJU, RESIDENT OF NO.11, 8TH MAIN, 3RD CROSS, NEAR PETROL BUNK, PUTTENAHALLI, J.P.NAGAR 7TH BLOCK, BENGALURU - 560 078. …RESPONDENT ---- THIS CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SETTING ASIDE THE IMPUGNED JUDGMENT DATED 20.08.2025 PASSED IN C.C.NO.21014/2022 ON THE FILE OF THE HON’BLE XIII ACJM AT BENGALURU AND CONSEQUENTLY CONVICT THE ACCUSED AND GRANT COMPENSATION TO THE COMPLIANT AS PRAYED FOR IN THE COMPLIANT 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:28025 CRL.A No. 2018 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:28025 CRL.A No. 2018 of 2025 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 02.07.2026, 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:28025 CRL.A No. 2018 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 NM List No.: 1 Sl No.: 16