Karnataka High Court
Neelappa S/O. Fakkirappa Hosamani vs Smt. Ashwini W/O. Madhu Joshi on 26 November, 2025
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NC: 2025:KHC-D:16481
CRL.A No. 100479 of 2023
C/W CRL.A No. 100533 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100479 OF 2023 (A-)
C/W
CRIMINAL APPEAL NO. 100533 OF 2023
IN CRL.A. NO. 100479/2023
BETWEEN:
NEELAPPA S/O. FAKKIRAPPA HOSAMANI,
AGE. 54 YEARS, OCC. AGRICULTURE,
R/O. SAUNSHI- 581117,
TQ. KUNDGOL, DIST. DHARWAD.
...APPELLANT
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
SMT. ASHWINI W/O. MADHU JOSHI,
AGE. 28 YEARS, OCC. HOUSEHOLD WORK,
Digitally signed C/O. TAMMANNA JOSHI,
by SAMREEN
AYUB DESHNUR R/O. MANGALAWAR PETH,
Location: HIGH POTNIS GALLI, DHARWAD- 580001,
COURT OF
KARNATAKA TQ/DIST: DHARWAD.
...RESPONDENT
(BY SRI. S.S. NIRANJAN, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED U/SEC. 378(4) OF
CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 07.08.2023 PASSED IN C.C. NO. 1661/2021 PASSED BY
THE CIVIL JUDGE AND JMFC, KUNDGOL AND CONVICT THE
ACCUSED/RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF NI ACT.
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NC: 2025:KHC-D:16481
CRL.A No. 100479 of 2023
C/W CRL.A No. 100533 of 2023
HC-KAR
IN CRL.A. NO. 100533/2023
BETWEEN:
NEELAPPA S/O. FAKKIRAPPA HOSAMANI,
AGE. 54 YEARS,
OCC. AGRICULTURE,
R/O. SAUNSHI- 581117,
TQ. KUNDGOL,
DIST. DHARWAD.
...APPELLANT
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
SMT. ASHWINI W/O. MADHU JOSHI,
AGE. 28 YEARS, OCC. HOUSEHOLD WORK,
C/O. TAMMANNA JOSHI,
R/O. MANGALAWAR PETH,
POTNIS GALLI, DHARWAD- 580001,
TQ/DIST. DHARWAD.
...RESPONDENT
(BY SRI. S.S. NIRAJAN, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.,
SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT DATED
07.08.2023 PASSED IN C.C.NO. 1660/2021 PASSED BY THE
CIVIL JUDGE AND JMFC KUNDGOL AND CONVICT THE
ACCUSED/RESPONDENT FOR THE OFFENCE PUNISHABLE U/S
138 OF NI ACT.
THESE CRIMINAL APPEALS, COMING ON FOR ADMISSION,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:16481
CRL.A No. 100479 of 2023
C/W CRL.A No. 100533 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. This appeal is filed by the appellant/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.
2. However, the Hon'ble Supreme Court in Celestium Financial Vs. A. Gnanasekaran Etc.1, held in paragraph No.10 as under:
"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 under the proviso to Section 372 and need not advert 1 2025 SCC Online SC 1320 -4- NC: 2025:KHC-D:16481 CRL.A No. 100479 of 2023 C/W CRL.A No. 100533 of 2023 HC-KAR to sub-section (4) of Section 378 of the Cr.PC."
3. On careful reading of the judgment of the Apex 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.
4. 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.
5. The parties shall appear before the jurisdictional Appellate Court / Sessions Court on 13.01.2026, without further notice of the concerned Court.
6. The Registry shall transmit entire appeal papers including appeal memo to the jurisdictional Sessions Court. -5-
NC: 2025:KHC-D:16481 CRL.A No. 100479 of 2023 C/W CRL.A No. 100533 of 2023 HC-KAR
7. The learned counsel for the appellant shall have the liberty to carry out the amendment in the cause title and also the provisions thereof.
8. For statistical purpose, this appeal stands disposed off.
9. Ordered accordingly.
Sd/-
(S.RACHAIAH) JUDGE SMM List No.: 3 Sl No.: 16