Karnataka High Court
CRL.A/1933/2025 of AMBICA CORPORATION Vs GWALIOR COLLECTION on 16 June 2026
NC: 2026:KHC:29185 CRL.A No. 1933 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1933 OF 2025 ( A ) BETWEEN: AMBICA CORPORATION, WHOLESALE FANCY CLOTH MERCHANTS, NO.4, OM AMBICA TOWERS,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 1933 OF 2025 (A)
BETWEEN:
AMBICA CORPORATION,
WHOLESALE FANCY CLOTH MERCHANTS,
NO.4, OM AMBICA TOWERS,
32ND CROSS KILAR ROAD,
AVENUE CROSS ROAD,
BEHIND RICE MEMORIAL CHRUCH,
BENGALURU - 560 053.
REP BY ITS DE FACTO AND
DE JURE OWNER AND PROPRIETOR,
HEMANTH KUMAR.C,
S/O CHELLARAM,
AGE 34 YEARS,
NOW REP BY HIS L.A HOLDER,
SUKHRAJ BHANDARI,
S/O DHANAJI,
AGE 69 YEARS,
R/AT NO.31, MODEL HOUSE STREET
BASAVANAGUDI,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of
Karnataka
HC-KAR
BENGALURU – 560 004.
…APPELLANT
(BY SRI. SRINIVASAN C., ADVOCATE)
AND:
1.
SRI GWALIOR COLLECTION,
BESIDE SOTEPEER MASJID MAIN ROAD,
BASAVA KALYANA - 585 327.
DISTRICT BIDAR,
STATE KARNATAKA,
REP BY ITS PROPRIETOR
FAROOQ NABI ALIL,
ALSO AT
GWALILOR COLLECTION MAIN ROAD,
OPPOSITE AMBICA MANDIR FORT ROAD,
BASAVA KALYANA - 585 327.
DISTRICT BIDAR,
STATE KARNATAKA.
2.
FAROOQ NABI ALI
PROPRIETOR OF GWALIOR COLLECTION,
BESIDE STOTEPEER MASJID MAIN ROAD,
BASAVA KALYANA – 585 327.
DISTRICT BIDAR,
STATE KARNATAKA,
HC-KAR
RESIDENCE:
FAROOQ NABI ALI,
03/126/02, GROUND FLOOR,
SHAH HUSSAIN GALLI,
BASABA KALYANA – 585 327.
DISTRICT BIDAR,
STATE KARNATAKA,
BASAVA KALYANA – 585 327.
DISTRICT BIDAR.
STATE KARNATKA.
…RESPONDENTS
----
THIS CRL.A FILED U/S 378(4) CR.PC (FILED U/S 419(4)
OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
SETTING ASIDE THE IMPUGNED JUDGMENT DATED 02.07.2025
PASSED IN CC.NO.10834/2024, ON THE FILE OF THE HON’BLE
15TH A.C.J.M. AT BENGALURU AND CONSEQUENTLY CONVICT
THE RESPONDENT AND GRANT COMPENSATION TO THE
APPELLANT AS PRAYED FOR IN THE COMPLAINT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, 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 02.07.2026, 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.: 9