Karnataka High Court
CRL.A/498/2025 of ALANKAR JEWELLERS Vs SMT.MARIA GRETTA PINTO on 4 June 2026
NC: 2026:KHC:26287 CRL.A No. 498 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 498 OF 2025 ( A ) BETWEEN: ALANKAR JEWELLERS BY ITS PROPRIETOR, MR. ANOOP ROSHAN RODRIGUES, S/O. CYRIL
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 498 OF 2025 (A)
BETWEEN:
ALANKAR JEWELLERS
BY ITS PROPRIETOR,
MR. ANOOP ROSHAN RODRIGUES,
S/O. CYRIL RODRIGUES,
AGED ABOUT 48 YEARS,
R/AT.NO.10-135/32,
ANGEL HOUSE, SMC ROAD,
SHANTHINAGAR, PRANTHYA VILLAGE,
MOODABIDRI, MANGALURU TALUK,
D.K. DISTRICT - 574 227.
…APPELLANT
(BY SRI. BALAKRISHNA M R., ADVOCATE)
AND:
SMT.MARIA GRETTA PINTO
D/O. LATE WILFRED CUTINO,
W/O. VELARIAN PINTO,
AGE 42 YEARS (AS PER JUDGMENT),
Digitally
signed by
SUSHMA
LAKSHMI
B S
Location:
High Court
of
Karnataka
HC-KAR
PROPRIETIX OF DISHA LADIES
BEAUTY PARLOUR,
R/AT. MARVEL HOUSE,
TELLIS NAGARA, HOSABETTU POST,
MOODABIDRI, MANGALURU TALUK,
D.K. DISTRICT - 574 227.
…RESPONDENT
(BY SRI. KETHAN KUMAR., ADVOCATE)
----
THIS CRL.A FILED U/S 378(4) CR.P.C (U/S 419(4)
BNSS)
BY
THE ADVOCATE
FOR
THE APPELLANT/S
PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO SET ASIDE THE JUDGEMENT AND ORDER
DATED 29.01.2025 PASSED BY THE HON’BLE CIVIL JUDGE
AND JMFC, AT MOODABIDRE, IN CC.NO.611/2018 AND
CONVICT THE RESPONDENT, FOR THE OFFENCE P/U/S
138 OF N.I ACT.
THIS APPEAL, COMING ON FOR ADMISSION, 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 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 appeal on merit, the appeal is transferred to jurisdictional Appellate Court/Sessions Court.
5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 30.06.2026, without further notice of the concerned Court.
6. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court.
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.
HC-KAR
8. For statistical purpose, this appeal stands disposed off.
9. Ordered accordingly.
Sd/- (S RACHAIAH) JUDGE
NM List No.: 1 Sl No.: 24