- 1 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1539 OF 2023 (A) C/W CRIMINAL APPEAL NO. 1358 OF 2023 (A) CRIMINAL APPEAL NO. 1369 OF 2023 (A) CRIMINAL APPEAL NO. 1405 OF 2023 (A) CRIMINAL APPEAL NO. 1423 OF 2023 (A) IN CRL.A No. 1539/2023 BETWEEN: 1. SRI. C.B. RAJU S/O LATE D C CHANNADEVARAPPA, AGED ABOUT 72 YEARS, R/AT WARD NO.14, NAGARATHPET, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. …APPELLANT (BY SRI. DEEPAK B R, ADVOCATE) AND: 1. SMT.M. PUSHPA W/O K MUNIRAJU, M/S. AKASH EDUCATION AND DEVELOPMENT TRUST, (CHAIRPERSON TO AKASH INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE AND AKASH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS HOSPITAL), AGED ABOUT 46 YEARS, R/AT. PRASHANTHA NAGAR, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. …RESPONDENT (BY SRI. BIPIN HEGDE, ADVOCATE) THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE ACQUITTAL ORDER PASSED BY THE XVIII A.C.M.M, BENGALURU CITY DATED 07.07.2023 PASSED IN C.C.NO.12511/2019 AND FURTHER BE PLEASED TO CONVICT THE ACCUSED UNDER SEC.138 OF N.I ACT AND ETC., IN CRL.A NO. 1358/2023 BETWEEN: 1. SRI.C.B. RAJU S/O LATE D C CHANNADEVARAPPA, AGED ABOUT 72 YEARS, R/AT WARD NO 14, NAGARATHPET, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. ...APPELLANT (BY SRI. DEEPAK B R, ADVOCATE) AND: 1. SRI.K. MUNIRAJU SECRETARY, M/S AKASH EDUCATION - 3 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS AND DEVELOPMENT TRUST, (AKASH INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE AND AKASH HOSPITAL) S/O. LATE KEMPANNA, AGED ABOUT 56 YEARS, R/AT PRASHANTHA NAGAR, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. ...RESPONDENT (BY SRI. BIPIN HEGDE, ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ACQUITTAL ORDER PASSED BY THE XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU CITY DATED 07.07.2023 PASSED IN C.C.NO.12516/2019 AND FURTHER BE PLEASED TO CONVICT THE ACCUSED U/S.138 OF NI ACT AND DIRECT THE ACCUSED TO PAY THE DOUBLE THE CHEQUE AMOUNT AND ETC., IN CRL.A NO. 1369/2023 BETWEEN: 1. SRI.C.B. RAJU S/O LATE D.C.CHANNADEVARAPPA, AGED ABOUT 72 YEARS, R/AT WARD NO 14, NAGARATHPET, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. ...APPELLANT (BY SRI. DEEPAK B R, ADVOCATE) AND: - 4 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS 1. SRI. K. MUNIRAJU SECRETARY M/S AKASH EDUCATION AND DEVELOPMENT TRUST (AKASH INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER AND AKASH HOSPITAL S/O LATE KEMPANNA , AGED ABUT 56 YEARS, R/AT. PRASHANTHA NAGAR DEVANAHALLI TOWN BENGALURU RURAL DISTRICT - 562 110. ...RESPONDENT (BY SRI. BIPIN HEGDE, ADVOCATE) THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE ACQUITTAL ORDER PASSED BY THE XVIII THE ADDL. CHIEF METROPOLITAN MAGISTRATE BENGALURU CITY, DATED 07.07.2023 AND ETC., IN CRL.A NO. 1405/2023 BETWEEN: 1. SRI. C.B RAJU S/O LATE D C CHANNADEVARAPPA, AGED ABOUT 72 YEARS, R/AT WARD NO 14, NAGARATHPET, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. ...APPELLANT (BY SRI. DEEPAK B R, ADVOCATE) AND: - 5 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS 1. SRI.K. MUNIRAJU SECRETARY, M/S AKASH EDUCATION AND DEVELOPMENT TRUST, (AKASH INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE AND AKASH HOSPITAL) S/O LATE KEMPANNA, AGED ABOUT 56 YEARS, R/AT PRASHANTHA NAGAR, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. ...RESPONDENT (BY SRI. BIPIN HEGDE, ADVOCATE) THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE ACQUITTAL ORDER PASSED BY THE XVIII TH ADDL. CHIEF METROPOLITAN MAGISTRATE BENGALURU CITY, DATED 07.07.2023 PASSED IN C.C.NO.12515/2019 AND FURTHER BE PLEASED TO CONVICT THE ACCUSED U/S 138 OF N.I. ACT AND DIRECT THE ACCUSED TO PAY THE DOUBLE THE CHEQUE AMOUNT AND ETC., IN CRL.A NO. 1423/2023 BETWEEN: 1. SMT. NAGALAKSHMI W/O C B RAJU AGED ABOUT 72 YEARS, REP BY HER GPA HOLDER SRI. C B RAJU S/O. LATE D C CHANNADEVARAPPA AGED ABOUT 72 YEARS R/AT WARD NO.14, NAGARATHPET, - 6 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. ...APPELLANT (BY SRI. DEEPAK B R, ADVOCATE) AND: 1. SRI K. MUNIRAJU SECRETARY, M/S AKASH EDUCATION AND DEVELOPMENT TRUST (AKASH INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER AND AKASH HOSPITAL) S/O LATE KEMPANNA, AGED ABOUT 56 YEARS, R/AT PRASHANTHA NAGAR, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT – 562 110. ...RESPONDENT (BY SRI. BIPIN HEGDE, ADVOCATE) THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE ACQUITTAL ORDER PASSED BY THE XVIII ADDL.C.M.M., BENGALURU CITY DATED 07.07.2023 PASSED IN C.C.NO.12518/2019 AND FURTHER BE PLEASED TO CONVICT THE ACCUSED U/S 138 OF N.I. ACT AND ETC., THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 7 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS ORAL JUDGMENT 1. These appeals are 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 - 8 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS 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 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 appeals on merit, the appeals are transferred to jurisdictional Appellate Court/Sessions Court. 5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 13.03.2026, without further notice of the concerned Court. - 9 - HC-KAR NC: 2026:KHC:13264 CRL.A No. 1539 of 2023 C/W CRL.A No. 1358 of 2023 CRL.A No. 1369 of 2023 AND 2 OTHERS 6. The Registry shall transmit entire appeal papers including appeal memos to the jurisdictional Sessions Court. 7. The learned counsel for the appellants shall have the liberty to carry out the amendment in the cause title and also the provisions thereof. 8. For statistical purpose, the appeals stands disposed off. 9. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 57