- 1 - HC-KAR NC: 2026:KHC:30479 CRL.A No. 2256 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 2256 OF 2024 (A) BETWEEN: 1. M/S. SREE GOWRI GANESHAA CHITS PVT LTD., NO.307, 1ST FLOOR, 2ND MAIN, 7TH CROSS, DOMLUR LAYOUT, BANGALORE – 560071. REPRESENTED BY ITS GPA HOLDER SRI. SHIVAKUMAR S S/O LATE SUBBAIAH AGED ABOUT 38 YEARS. …APPELLANT (BY SRI. V B RAVISHANKER, ADVOCATE) AND: 1. SRI. H V SREENIVAS S/O LATE VENKATASHETTY AGED ABOUT 57 YEARS RESIDING AT NO.719, C K NAGAR CENTRAL JAIL ROAD, HOSUR ROAD BANGALORE - 560100. …RESPONDENT Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30479 CRL.A No. 2256 of 2024 THIS CRL.A IS FILED U/S 378(4) OF CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO CALL FOR THE ENTIRE RECORDS IN C.C.NO.14833/2016 ON THE FILE OF VI ADDL. CMM, BANGALORE CITY, FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND AWARD COMPENSATION U/S 357 OF CR.P.C. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 1 2025 SCC Online SC 1320 - 3 - HC-KAR NC: 2026:KHC:30479 CRL.A No. 2256 of 2024 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.” 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. - 4 - HC-KAR NC: 2026:KHC:30479 CRL.A No. 2256 of 2024 5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 14.07.2026, 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. 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