Karnataka High Court
CRL.A/100485/2019 of THE MANAGING DIRECTOR, INDIAN CANE POWER LTD UTTUR, Vs BHAGAVANT DHONDIBA KARPE on 19 December 2025
NC: 2025:KHC-D:18731 CRL.A No. 100485 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100485 OF 2019 ( A ) BETWEEN: THE MANAGING DIRECTOR, INDIAN CANE POWER LTD UTTUR, TQ. MUDHOL, DIST.
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 19TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO.100485 OF 2019 (A)
BETWEEN:
THE MANAGING DIRECTOR,
INDIAN CANE POWER LTD UTTUR,
TQ. MUDHOL, DIST. BAGALAKOT,
REP. BY ITS MANAGING DIRECTOR
NOW AUTHORIZED OFFICER
SRI. RAJAKUMAR S.KALLIGUDDI,
AGE. 37 YEARS, OCC. SERVICE ICPL,
R/O. UTTUR, TQ. MUDHOL,
DIST. BAGALKOT-571317.
&APPELLANT
(BY SRI. BAHUBALI N.KANABARGI, ADVOCATE)
AND:
BHAGAVANT DHONDIBA KARPE,
AGE. 51 YEARS, OCC. CONTRACTOR OF HARVESTING, R/O. AT POST TAKKALAKI, TQ. AND DIST. VIJAYAPURA, STATE KARNATAKA-561316.
&RESPONDENT
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF
CR.P.C., PRAYING TO, SET ASIDE ORDER OF DISMISSAL OF
COMPLAINT FOR NON-PROSECUTION DATED 30/11/2018 IN CC
NO.16/2014 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC, MUDHOL, REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, AND
RESTORE THE COMPLAINT ON ITS FILE.
Digitally signed
by SAMREEN
AYUB DESHNUR
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.
2. However, the Hon9ble 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 1 2025 SCC Online SC 1320
HC-KAR
proviso to 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 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 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 27.01.2026, without further notice of the concerned Court.
6. The Registry shall transmit entire appeal papers including 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 purpose, this appeal stands disposed off.
9. Ordered accordingly.
SD/- (S.RACHAIAH) JUDGE
RH/CT: UMD List No.: 2 Sl No.: 4