- 1 - HC-KAR NC: 2026:KHC:35382 CRL.A No. 2376 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 2376 OF 2024 (A) BETWEEN: M. S. NEENAKSHAMMA, REPRESENTED BY HIS LRS., A. M. PRASANNA, S/O. LATE MANJUNATHA GOWDA, AGED ABOUT 60 YEARS, RESIDENT OF HEECUVALLI ESTATE, HALEKERE VILALGE AND POST, GONIBEEDU HOBLI, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT – 577 132. …APPELLANT (BY SRI. S. VASANTHA MADHAVA., ADVOCATE) AND: SRI. PUTTASWAMY GOWDA B. E, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35382 CRL.A No. 2376 of 2024 SON OF LATE ERE GOWDA, AGED ABOUT 73 YEARS, COFFEE PLANTER, RESIDENT OF BAGRAHALLI VILALGE, AREKERE POST, SAKALESHPURA TALUK, HASSAN DSITRICT – 573 201. …RESPONDENT ---- THIS CRL.A IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO SET ASIDE THE IMPUGNED ORDER/JUDGMENT DATED 15.07.2023, IN C.C.NO.452/2021, ON THE FILES OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. AT MUDIGERE FOR THE OFFENCE PUNISHABLE UNDER SECTION.138 OF THE NEGOTIABLE INSTRUMENTS ACT, 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:35382 CRL.A No. 2376 of 2024 ORAL JUDGMENT 1. 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.” 3. On careful reading of the judgment of the Hon’ble Apex Court supra, it is evident that the complainant, being the 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2026:KHC:35382 CRL.A No. 2376 of 2024 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 25.08.2026, 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. - 5 - HC-KAR NC: 2026:KHC:35382 CRL.A No. 2376 of 2024 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.: 2 Sl No.: 7