Karnataka High Court
CRL.A/100580/2024 of MR. MOHHOMMEDSHAFI MOHOMMADIBRAHIM WARIMANI Vs MR. MOHAMMED ABBAS MOHOMMAD HUSSAIN SHAIKH on 19 December 2025
NC: 2025:KHC-D:18714 CRL.A No. 100580 of 2024 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. 100580 OF 2024 ( A -) BETWEEN: MR. MOHHOMMEDSHAFI MOHOMMADIBRAHIM WARIMANI, AGE. 69 YEARS, OCC.
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. 100580 OF 2024 (A-)
BETWEEN:
MR. MOHHOMMEDSHAFI
MOHOMMADIBRAHIM WARIMANI,
AGE. 69 YEARS, OCC. BUSINESS,
R/O. PLOT NO. 29, CTS NO. 612,
SY.NO. 48/1E, SHAHU NAGAR,
BELAGAVI- 590010.
&APPELLANT
(BY SRI. ANAND L. SANDRIMANI, ADVOCATE)
AND:
MR. MOHAMMED ABBAS
MOHOMMAD HUSSAIN SHAIKH,
AGE. MAJOR, OCC. BUSINESS,
C/O. MAHANTSHETTY BUILDING,
PLOT NO. 14, 7TH CROSS WEST,
GROUND FLOOR, AZAM NAGAR,
BELAGAVI- 590010.
&RESPONDENT
(NOTICE SERVED)
THIS CRIMINAL APPEAL IS FILED U/SEC. 419 (4) OF BNSS
2023 SEEKING TO SET ASIDE THE ORDER PASSED BY THE
J.M.F.C. V, BELAGAVI IN C.C. NO. 2318/2018 DATED 22.07.2024
AND THE RESPONDENT MAY BE CONVICTED FOR THE OFFENCE
PUNISHABLE U/SEC. 138 OF NI ACT BY ALLOWING THE THIS
APPEAL AND ETC.,.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally signed
by SAMREEN
AYUB DESHNUR
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
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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 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 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 List No.: 2 Sl No.: 15