Sri S Satish Kumar Vs Mr P Lakshmipathy

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C., PRAYING TO, ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL OF THE RESPONDENT/ACCUSED IN CRIMINAL CASE NO.54579/2016 DATED 02.04.2018 PASSED BY THE LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY BY CONVICTING THE RESPONDENT UNDER SECTION 138 OF THE N.I. ACT.

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IN CRIMINAL APPEAL NO.726/2018

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BETWEEN:

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SRI. S. SATISH KUMAR S/O. LATE. D.Y. SHAMANNA, AGED ABOUT 38 YEARS, RESIDING AT NO.10, MANASA, MAHADEVAPURA, BENGALURU-16.

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...APPELLANT

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(BY SRI. NAGARAJA RAO K.S., ADVOCATE)

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AND:

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MR. P. LAKSHMIPATHY S/O. PAPAIAH REDDY, AGED ABOUT 49 YEARS, RESIDING AT NO.379, WEST WING ROAD, AMARAJYOTHI LAYOUT, DOMLUR, BENGALURU-71.

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...RESPONDENT

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(BY SRI. P.B. RAJU, ADVOCATE)

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THIS CRIMINAL APPEAL IS UNDER SECTION 378(4) CR.P.C., PRAYING TO, ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL OF THE RESPONDENT/ACCUSED IN CRIMINAL CASE NO.54580/2016 DATED 02.04.2018 PASSED BY THE

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NC: 2025:KHC:28969 CRL.A No. 725 of 2018 C/W CRL.A No. 726 of 2018 CRL.A No. 727 of 2018

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3 -

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HC-KAR

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LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY BY CONVICTING THE RESPONDENT UNDER SECTION 138 OF THE N.I. ACT.

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IN CRIMINAL APPEAL NO.727/2018

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BETWEEN:

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SRI. S. SRINIVAS S/O. LATE. D.Y. SHAMANNA, AGED ABOUT 53 YEAS, RESIDING AT NO.4/1, GURUMURTHY STREET, RAMAKRISHNA MUTT ROAD, ULSOOR, BENGALURU-08.

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...APPELLANT

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(BY SRI. NAGARAJA RAO K.S., ADVOCATE)

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AND:

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MR. P. LAKSHMIPATHY S/O. PAPAIAH REDDY, AGED ABOUT 49 YEARS, RESIDING AT NO.379, WEST WING ROAD, AMARAJYOTHI LAYOUT, DOMLUR, BENGALURU-71.

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...RESPONDENT

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(BY SRI. P.B. RAJU, ADVOCATE)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4)CR.P.C., PRAYING TO, ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL OF THE RESPONDENT/ACCUSED IN THE CRIMINAL CASE NO.54581/2016 DATED 02.04.2018, PASSED BY THE LVIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY BY CONVICTING THE RESPONDENT UNDER SECTION 138 OF THE N.I. ACT.

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HC-KAR

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THESE CRIMINAL APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

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These appeals are filed by the

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

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“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

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1 2025 SCC Online SC 1320

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HC-KAR

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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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