Sri Jagadeesh Vs Sri Ajit Prasad Jain

SRI. JAGADEESH S/O. LATE B.G. NARASEGOWDA, AGED ABOUT 37 YEARS, RESIDING AT NO.14, 2^ND MAIN, DEFENCE COLONY, HESARGHATTA MAIN ROAD, NAGASANDRA POST, BANGALORE-560 073.

¶11

…APPELLANT

¶12

(BY SRI. SRINIVASA T.GOWDA, ADVOCATE)

¶13

AND:

¶14

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

¶15

SRI. AJIT PRASAD JAIN S/O. FATHER NAME NOT KNOWN TO APPELLANT AGED ABOUT 35 YEARS, RESIDING AT NO.13, 5^TH CROSS, MARUTI LAYOUT, BASAVESHWARANAGAR, BANGALORE-560 079. …RESPONDENT (BY SRI. VIJAY V.BAJANTRI, ADVOCATE)

¶16

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED 02.02.2016 PASSED BY THE XXII A.C.M.M., BANGALORE IN C.C.NO.8347/2015 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. AND ETC.,

¶17

2 -

¶18

NC: 2025:KHC:30170 CRL.A No. 412 of 2016

¶19

HC-KAR

¶20

THIS CRIMINAL APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶21

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶22

ORAL JUDGMENT

¶23

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

¶24

However, the Hon’ble Supreme Court in

¶25

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

¶26

“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

¶27

1 2025 SCC Online SC 1320

¶28

3 - NC: 2025:KHC:30170 CRL.A No. 412 of 2016

¶29

HC-KAR

¶30

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.”

¶31

On careful reading of the judgment of the Apex

¶32

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.

¶33

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.

¶34

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

¶35