Mr Venkatesh Vs Mrs Jyothi Acharya

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NC: 2025:KHC:48623 CRL.A No. 1236 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.1236 OF 2019 (A)

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BETWEEN:

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MR. VENKATESH S/O. MR. GURUVAPPA, AGED ABOUT 42 YEARS, R/AT NO.1-43/1, GURUVAPPA COMPOUND, ALAPE PADIL, NEAR MAMATHA WOOD INDUSTRIES, MANGALURU – 560 005.

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… APPELLANT

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(BY SRI. SACHIN B.S., ADVOCATE)

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AND:

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Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

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MRS. JYOTHI ACHARYA W/O. LATE MR. PRASHANTH ACHARYA R/AT OM SRI SAI KRIPA, SITE NO.F09, MSEZ COLONY, KODIKERE, KULAI, MANGALURU TALUK – 560 005.

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… RESPONDENT (BY SRI. MOHAN CHANDRA P., ADVOCATE)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT DATED 06.05.2019 IN C.C. NO.3677/2016 ON THE FILE OF THE JMFC IV COURT MANGALURU, D.K. - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC.,

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THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED ON 11.07.2025 AND COMING ON FOR

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NC: 2025:KHC:48623 CRL.A No. 1236 of 2019

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HC-KAR

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PRONOUNCEMENT OF JUDGMENT, THE COURT DELIVERED THE FOLLOWING:

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CORAM: HON'BLE MR JUSTICE S RACHAIAH

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CAV JUDGMENT

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(PER: HON'BLE MR. JUSTICE S RACHAIAH)

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

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However, the Hon’ble Supreme Court in

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

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“10. As already noted, the

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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

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1 2025 SCC Online SC 1320

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3 - NC: 2025:KHC:48623 CRL.A No. 1236 of 2019

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HC-KAR

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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.”

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On careful reading of the judgment of the Apex

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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.

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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.

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