Karnataka High Court
CRL.A/1637/2017 of KAVITHA Vs G P PRASHANTHA on 17 June 2026
NC: 2026:KHC:29784 CRL.A No. 1637 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1637 OF 2017 ( A ) BETWEEN: KAVITHA, W/O SRINIVAS, AGED ABOUT 44 YEARS, RESIDING AT: A . CHOLLENAHALLI
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 1637 OF 2017 (A)
BETWEEN:
KAVITHA,
W/O SRINIVAS,
AGED ABOUT 44 YEARS,
RESIDING AT:
A. CHOLLENAHALLI VILLAGE,
ADAGUR POST, KASABA HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT – 573 201.
…APPELLANT
(BY SRI. GIRISH B. BALADARE., ADVOCATE)
AND:
G. P. PRASHANTHA,
S/O PRABHAKAR,
AGED MAJOR,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of
Karnataka
HC-KAR
RESIDING AT:
NO.37, 9TH CROSS,
KALYANA NAGAR,
T DASARAHALLI,
BENGALURU – 560 057.
AND ALSO R/O GUNASE VILLAGE,
BAGUR POST, THIRTHAHALI TALUK,
SHIMOGA DISTRICT – 577 201.
…RESPONDENT
(BY SRI. P. N. HEGDE., ADVOCATE)
----
THIS CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE
FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY
BE
PLEASED
TO
SET
ASIDE
THE
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JUDGMENT
DATED 29.08.2017, PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., AT CHANNARAYAPATNA, IN C.C.NO.1030/2011, ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
HC-KAR
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 14.07.2026, 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.: 43