Karnataka High Court
CRL.A/100083/2018 of CHANDRASHEKHAR S/O MALLAPPA TAMRAGUNDI Vs VIRUPAKSHAPPA S/O CHANNAMALLAPPA ALLIPUR on 19 December 2025
NC: 2025:KHC-D:18727 CRL.A No. 100081 of 2018 C/W CRL.A No. 100082 of 2018 CRL.A No. 100083 of 2018 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. 100081 OF 2018 ( A ) C/W CRIMINAL APPEAL NO.
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. 100081 OF 2018 (A)
C/W
CRIMINAL APPEAL NO. 100082 OF 2018
CRIMINAL APPEAL NO. 100083 OF 2018
IN CRL.A. NO. 100081/2018
BETWEEN:
VISHWANATH
S/O VIRUPAKSH TAMRAGUNDI
AGE: 28 YEARS,
OCC: AGRICULTURE,
R/O: KALAKERI,
TQ: MUNDARAGI,
DIST: GADAG- 581117.
…APPELLANT
(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE)
AND:
AGE: 55 YEARS,
OCC: TEACHER,
VIDYANAGAR,
NEAR NEW BUS-STAND,
R/O: MUNDARGI,
TQ: MUNDARGI,
DIST: GADAG- 581117.
…RESPONDENT
(BY SRI. SUNIL S. DESAI, ADVOCATE)
Digitally signed
by SAMREEN
AYUB DESHNUR
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
COURT
OF
CIVIL
JUDGE
AND
JMFC,
MUNDARAGI,
IN
C.C.NO.97/2013 OFFENCE PUNISHABLE U/SEC. 138 OF NI ACT
AND REMAND THE MATTER TO THE TRIAL COURT FOR FRESH
CONSIDERATION AND ETC.
IN CRL. A. NO. 100082/2018
BETWEEN:
VIRUPAKSHAPPA
S/O MALLAPPA TAMRAGUNDI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KALAKERI, TQ: MUNDARAGI,
DIST: GADAG- 581117.
…APPELLANT
(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE)
AND:
AGE: 55 YEARS, OCC: TEACHER,
VIDYANAGAR, NEAR NEW BUS-STAND,
R/O: MUNDARGI, TQ: MUNDARGI,
DIST: GADAG- 581117.
…RESPONDENT
COURT
OF
CIVIL
JUDGE
AND
JMFC,
MUNDARAGI,
IN
C.C.NO.210/2013 AND REMAND THE MATTER TO THE TRIAL
COURT FOR FRESH CONSIDERATION AND ETC.,.
HC-KAR
IN CRL.A. NO. 100083/2018
BETWEEN:
CHANDRASHEKHAR
S/O MALLAPPA TAMRAGUNDI,
AGE: 49 YEARS,
OCC: AGRICULTURE,
R/O: KALAKERI,
TQ: MUNDARAGI,
DIST: GADAG- 581117.
…APPELLANT
(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE)
AND:
AGE: 55 YEARS,
OCC: TEACHER,
VIDYANAGAR,
NEAR NEW BUS-STAND,
R/O: MUNDARGI,
TQ: MUNDARGI,
DIST: GADAG- 581117.
…RESPONDENT
COURT
OF
CIVIL
JUDGE
AND
JMFC,
MUNDARAGI,
IN
C.C.NO.212/2013 OFFENCE PUNISHABLE U/SEC. 138 OF NI ACT
AND REMAND THE MATTER TO THE TRIAL COURT FOR FRESH
CONSIDERATION AND ETC.,.
THESE CRIMINAL APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. These appeals are filed by the appellants/complainants 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 complainants being victims have 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 appeals by the complainants against the order of acquittal are not maintainable before this Court. Since this Court has no jurisdiction to decide the appeals on merit, the appeals are 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 memos to the jurisdictional Sessions Court.
HC-KAR
7. The learned counsel for the appellants shall have the liberty to carry out the amendment in the cause title and also the provisions thereof.
8. For statistical purpose, these appeals stand disposed off.
9. Ordered accordingly.
SD/- (S.RACHAIAH) JUDGE
RH List No.: 2 Sl No.: 7