Neelappa S/O. Fakkirappa Hosamani vs Smt. Ashwini W/O. Madhu Joshi
2025 Latest Caselaw 10717 Kant

Citation : 2025 Latest Caselaw 10717 Kant
Judgement Date : 26 November, 2025

Karnataka High Court

Neelappa S/O. Fakkirappa Hosamani vs Smt. Ashwini W/O. Madhu Joshi on 26 November, 2025

                                              -1-
                                                        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.
                            -2-
                                     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

2025 SCC Online SC 1320

NC: 2025:KHC-D:16481

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