Karnataka High Court
CRL.A/404/2018 of SRI YOGESH K S Vs SRI KRISHNANAYAKA on 4 June 2026
NC: 2026:KHC:26288 CRL.A No. 404 of 2018 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. 404 OF 2018 ( A ) BETWEEN: SRI YOGESH K S S/O. LATE. SHANKARA, AGED ABOUT 32 YEARS, BUSINESS AND
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. 404 OF 2018 (A)
BETWEEN:
SRI YOGESH K S
S/O. LATE. SHANKARA,
AGED ABOUT 32 YEARS,
BUSINESS AND AGRICULTURIST,
R/AT SANTHEPETE, BM ROAD,
PERIYAPATNA TOWN,
MYSURU DISTRICT.
…APPELLANT
(BY SRI. GURURAJ. R., ADVOCATE)
AND:
SRI KRISHNANAYAKA
S/O. RAMANAYAKA,
AGED ABOUT 42 YEARS,
R/AT HULIKAL VILLAGE AND POST,
Digitally
signed by
SUSHMA
LAKSHMI
B S
Location:
High Court
of
Karnataka
HC-KAR
ARAKALAGUDU TALUK,
HASSAN DISTRICT.
…RESPONDENT
(BY SRI. GIRISH B BALADARE ., ADVOCATE)
----
THIS CRL.A FILED U/S 378(4) CRPC BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE
JUDGMENT DATED 01.02.2018 PASSED BY THE SENIOR
CIVIL
JUDGE
AND
JMFC,
PERIYAPATNA
IN
C.C.NO.184/2016
(CC.550/2015)
ACQUITTING
THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
N.I ACT.
THIS APPEAL, COMING ON FOR HEARING, 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.: 46