Karnataka High Court
Sri Shree Automoblies By Its vs Sri Vijay Pathri on 26 November, 2025
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NC: 2025:KHC-D:16465
CRL.A No. 100393 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100393 OF 2022 (A-)
BETWEEN:
SRI. SHREE AUTOMOBLIES BY ITS
MANAGING PARTNER
SRI. D. SEREENIVAS NAIDU
S/O SUDHAKAR NAIDU,
AGE. 32 YEARS,
BUSINESS SITUATED AT
D.NO. 1, 2, 5, 2B, 3C, 4D OF SY. NO.603 AND 604
KADLABALU AREA RAMANAGARA,
R/O: OPP. TO GOVERNMENT HOSPITAL,
HOSAPETE-HARIHARA ROAD,
H.B. HALLI, H.B. HALLI TALUK,
BALLARI DIST- 583101.
...APPELLANT
(BY SRI. B.S. SANGATI, ADVOCATE)
AND:
SRI. VIJAY PATHRI PROP: VARSHA MOTORS,
Digitally signed SRI. SHANKRAPPA COMPLEX,
by SAMREEN
AYUB KOTTUR ROAD, HARAPANAHALLI,
DESHNUR DAVANAGERE, HARAPANAHALLI,
Location: HIGH
COURT OF DAVANAGERE DISTRICT- 577001.
KARNATAKA ...RESPONDENT
(BY SRI. V.P. VADAVI, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.,
SEEKING TO CALL FOR RECORDS AND AFTER EXAMINING THE SAME,
SET ASIDE THE ORDER OF DISMISSAL OF COMPLAINT AND THE
ORDER OF ACQUITTAL DATED 30.06.2022 PASSED IN CC NO.82/2021
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
HAGARIBOMMANAHALLI, AND ACCORDINGLY CONVICT THE
RESPONDENT FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT.
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NC: 2025:KHC-D:16465
CRL.A No. 100393 of 2022
HC-KAR
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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 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 1 2025 SCC Online SC 1320 -3- NC: 2025:KHC-D:16465 CRL.A No. 100393 of 2022 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 13.01.2026, without further notice of the concerned Court.
6. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court. -4-
NC: 2025:KHC-D:16465 CRL.A No. 100393 of 2022 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 SMM List No.: 3 Sl No.: 36