Karnataka High Court
CRL.A/1442/2024 of SUNIL KUMAR N T Vs SMT. SHARADHA M on 3 August 2026
CNR: KAHC010435392024 NC: 2026:KHC:40540 CRL.A No. 1442 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1442 OF 2024 ( A ) BETWEEN: SUNIL KUMAR N. T, S/O. THIMME GOWDA, AGED ABOUT 45
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 1442 OF 2024 (A)
BETWEEN:
SUNIL KUMAR N. T,
S/O. THIMME GOWDA,
AGED ABOUT 45 YEARS,
R/AT NO.462-9,
4TH MAIN ROAD,
NAGENDRA BLOCK,
BENGALURU SOUTH,
BANASHANKARI 1ST STAGE,
BENGALURU – 560 050.
…APPELLANT
(BY SRI. CHANDRASHEKARA K. A., ADVOCATE)
AND:
SMT. SHARADHA M,
W/O. MAHADEV,
AGED ABOUT 40 YEARS,
R/AT 474, VBHC,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
HC-KAR
9TH MAIN ROAD, 10TH CROSS,
SBM COLONY, GIRINAGAR,
BENGALURU – 560 085.
AND ALSO RESIDING AT
NO.68, LAKSHMI NILAYA,
13TH MAIN, RAGHAVENDRA BLOCK
BANASHANKARI 1ST STAGE,
BENGALURU – 560 050.
…RESPONDENT
----
THIS CRL.A IS FILED U/S 378(4) CR.PC BY THE
ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER DATED 31.05.2024, PASSED BY THE
LEARNED VI ADDL. JUDGE, COURT OF SMALL CAUSES AND
ADDITIONAL
CHIEF
METROPOLITIAN
MAGISTRATE
AT
BENGLAURU CITY (SCCH-2), IN C.C.NO.7045/2019, AND
CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT, 1881 AND
ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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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 1 2025 SCC Online SC 1320
HC-KAR
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.
5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 07.09.2026, 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.
HC-KAR
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.: 21