- 1 - HC-KAR NC: 2026:KHC:5405 CRL.A No. 1964 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1964 OF 2024 (A) BETWEEN: SRI.VIJAYASARATHY M.S. AGED ABOUT 53 YEARS S/O LATE MR.SHIVANANJAPPA R/AT ‘GIRIYAMMA’, NO.405 7TH MAIN ROAD, II STAGE A BLOCK, MALLESHWARAM WEST POST, BENGALURU – 560 055 … APPELLANT (BY SRI. H.C.SHIVARAMU, ADVOCATE A/W SRI.M.DEVARAJA, ADVOCATE) AND: 1. M/S. GOKUL FILMS REP. BY ITS AUTHORISED SIGNATORY MR.G.K.SURESH 2. MR.GOPAL KRISHNA UMASHANKAR @ G.K. UMASHANKAR AGED ABOUT 57 YEARS S/O LATE MR.L.GOPALA KRISHNA PARTNER, M/SGOKUL FILMS 3. MR.GOPAL KRISHNA RAMESH @ G.K. RAMESH AGED ABOUT 53 YEARS S/O LATE MR.L.GOPALA KRISHNA PARTNER, M/S GOKUL FILMS 4. MR.GOPAL KRISHNA SURESH @G.K.SURESH AGED ABOUT 55 YEARS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5405 CRL.A No. 1964 of 2024 S/O LATE MR.L.GOPALA KRISHNA PARTNER, M/SGOKUL FILMS THE RESPONDENTS NO.1 TO 4 ARE AVAILABLE AT NO.28, 5TH MAIN 6TH CROSS, GANDHINAGAR BENGALURU – 560 009 ALSO AT NO.9, GOKUL COMPLEX BETTAPPA LANE, KEMPANNA LANE NAGARATHPET CROSS BENGALURU – 560 070 ALSO AT NO.1906, 1ST FLOOR 31ST CROSS, 9TH MAIN BANASHANKARI BEHIND GANESHA TEMPLE BENGALURU – 560 070 …RESPONDENTS (BY SRI.GANESH G.G., ADVOCATE FOR R1; SRI.H.SUBRAMANYA JOIS, SR.COUNSEL FOR SRI. AAKASH Y. RAJ, ADVOCATE FOR R3; SRI.RAVI B. NAIK, SR. ADVOCATE FOR SMT.VIJETHA R. NAIK, ADVOCATE FOR R2; SRI.PADYAMNA M. ADVOCATE AND SRI.NARAYANA S. ADVOCATE FOR R4) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C. (FILED UNDER SECTION 419(4) OF BNSS) PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 01.10.2024 IN C.C.NO.1473/2021 PASSED BY LEARNED IV ADDL.SMALL CAUSE JUDGE AND ACJM, COURT OF SMALL CAUSES (SCCH-6) AT BENGALURU. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:5405 CRL.A No. 1964 of 2024 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 1 2025 SCC Online SC 1320 - 4 - HC-KAR NC: 2026:KHC:5405 CRL.A No. 1964 of 2024 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 18.02.2026, without further notice of the concerned Court. - 5 - HC-KAR NC: 2026:KHC:5405 CRL.A No. 1964 of 2024 6. The Registry shall transmit entire appeal papers including 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 purpose, this appeal stands disposed off. 9. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 4