Karnataka High Court
CRL.A/1479/2025 of SRI. VENKATESH JETTY Vs SMT. S. SUNITHA on 3 August 2026
CNR: KAHC010467632025 NC: 2026:KHC:40536 CRL.A No. 1479 of 2025 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. 1479 OF 2025 ( A ) BETWEEN: SRI. VENKATESH JETTY, AGED ABOUT 45 YEARS, S/O.
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. 1479 OF 2025 (A)
BETWEEN:
SRI. VENKATESH JETTY,
AGED ABOUT 45 YEARS,
S/O. NARAYANA JETTY,
NO.U4-204, ROSE WOOD
APARTMENT, KAIKONDRAHALLI,
CARMALARARAM POST,
SARJAPURA ROAD,
BENGALURU - 560 035.
…APPELLANT
(BY SRI. MANJUNATHA A. C., ADVOCATE)
AND:
SMT. S. SUNITHA,
W/O. K. C. KANTHARAJ,
AGED MAJOR,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
HC-KAR
R/AT. FLOT NO.217,
ITTINA SOUPERNIKA
APARTMENT, KAIKONDRAHALLI,
CARMALAM POST, SARJAPURA ROAD,
BENGALURU - 560 035.
…RESPONDENT
(BY SRI. ATHREYA C. SHEKAR., ADVOCATE)
----
THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S
419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT
PRAYING TO SET ASIDE THE JUDGMENT DATED 04.04.2025, PASSED BY THE LEARNED XXXVI ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY, IN C.C.NO.8009/2023, AND
CONSEQUENTLY CONVICT THE ACCUSED FOR THE OFFENCE
PUNISHABLE
UNDER
SECTION.138
OFNEGOTIABLE
INSTRUMENTS ACT, 1881 AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
HC-KAR
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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 Section 372 and need not advert to sub- section (4) of Section 378 of the Cr.PC.”
1 2025 SCC Online SC 1320
HC-KAR
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.: 10