M/S Sharia Enterprises Vs Mohammed Hafeez Cherkala Shafi

M/S SHARIA ENTERPRISES HAVING ITS REGISTERED OFFICE AT, NO.6/2, 2^ND FLOOR, SS LANE, SJP ROAD CROSS, BENGALURU-560002 REP. BY ITS PROPRIETOR, SRI. MOHAMMED JAVEED AKTAR.

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…APPELLANT (BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)

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AND:

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Digitally MOHAMMED HAFEEZ CHERKALA SHAFI signed by SUSHMA S/O AHMED SHAFI CHERKALA MOHAMMED, LAKSHMI AGED ABOUT 32 YEARS, B S DIRECTOR Location: High M/S. KUDROLI BUILDERS Court of AND INFRASTRUCTURE PVT. LTD Karnataka 2^ND FLOOR, KELAMBIKA TOWERS, GATEQAY PONDA TISK PONDA, GOA-403401.

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ALSO AT: 10/33A, KUDROLI MANNATH CHERKALA, CHENGALA KASARGOD, KERALA-671541.

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…RESPONDENT

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NC: 2026:KHC:28151 CRL.A No. 2343 of 2025

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HC-KAR

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THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 14.10.2025 PASSED IN CC NO.11394/2022 (PCR NO.3016 OF 2022) PASSED BY THE HON’BLE XXVI ADDL. SMALL CAUSES JUDGE AND ACJM BENGALURU (SCCH-26), ACQUITTING THE RESPONDENT ACCUSED FOR THE SAID OFFENCES U/S 138 OF N.I ACT AND BE PLEASED TO CONVICT THE RESPONDENT ACCUSED FOR THE SAID OFFENCES AND HE BE DEALT WITH IN ACCORDANCE WITH LAW.

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THIS APPEAL, COMING ON FOR ORDERS, 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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This appeal is filed by the appellant/complainant

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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

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1 2025 SCC Online SC 1320

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NC: 2026:KHC:28151 CRL.A No. 2343 of 2025

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HC-KAR

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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 proviso to Section 372 and need not advert to subsection (4) of Section 378 of the Cr.PC.”

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On careful reading of the judgment of the Hon’ble

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Apex Court supra, it is evident that the complainant, being the 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 Hon’ble Apex Court, in Celestium Financial case 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 the jurisdictional Appellate Court/Sessions Court.

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4 - NC: 2026:KHC:28151 CRL.A No. 2343 of 2025

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HC-KAR

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The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 02.07.2026 , without further notice of the concerned Court.

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The Registry shall transmit the entire appeal papers, including the appeal memo, to the jurisdictional Sessions Court.

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The learned counsel for the appellant shall have the liberty to carry out the amendment in the cause title and also the provisions thereof.

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For statistical purposes, this appeal stands disposed of . Ordered accordingly.

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In view of the disposal of the appeal, pending I.A., if any, does not survive for consideration and the same is also disposed of.

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Sd/(S RACHAIAH) JUDGE

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NR List No.: 1 Sl No.: 11

M/S Sharia Enterprises v. Mohammed Hafeez Cherkala Shafi

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M/S Sharia Enterprises v. Mohammed Hafeez Cherkala Shafi

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