S Shiva Vs N M Gowramma

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, SET ASIDE THE JUDGMENT AND ACQUITTAL DATED 01.07.2015 PASSED IN C.C.NO.9039/2013 ON THE FILE OF THE XXIII ADDL. CHIEF. METROPOLITAN MAGISTRATE AT BENGALURU CITY AND ETC.,.

¶18

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED ON 23.06.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THE COURT DELIVERED THE FOLLOWING:

¶19

2 -

¶20

NC: 2025:KHC:48172 CRL.A No. 1005 of 2015

¶21

HC-KAR

¶22

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶23

CAV JUDGMENT

¶24

This appeal is filed by the

¶25

appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.

¶26

However, the Hon’ble Supreme Court in

¶27

Celestium Financial Vs. A. Gnanasekaran Etc.¹ , held in paragraph No.10 as under:

¶28

“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

¶29

1 2025 SCC Online SC 1320

¶30

3 -

¶31

NC: 2025:KHC:48172 CRL.A No. 1005 of 2015

¶32

HC-KAR

¶33

under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the Cr.PC.”

¶34

On careful reading of the judgment of the Apex

¶35

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.

¶36

In view of the law laid down by the Apex Court,

¶37

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.

¶38

The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 13.01.2026 , without further notice of the concerned Court.

¶39