Mohammed Khaleel S/O Late Baiju Saheb Vs Rukiya W/O. Late Mohammad Khaleel (Karnataka High Court)
The Karnataka High Court disposed of an appeal filed by the appellant/complainant challenging the judgment of acquittal dated 19 August 2014 passed by the JMFC, V Court, Mangalore in a complaint under Section 138 of the Negotiable Instruments Act, 1881.
The High Court examined the effect of the recent judgment of the Supreme Court in Celestium Financial v. A. Gnanasekaran Etc., reported in 2025 SCC Online SC 1320. The Supreme Court had clarified that after insertion of the proviso to Section 372 of the Code of Criminal Procedure with effect from 31 December 2009, a victim of an offence has a statutory right to file an appeal against acquittal irrespective of whether such victim is also the complainant. The Supreme Court further held that even if the victim is the complainant, the appeal can be maintained under the proviso to Section 372 CrPC without resorting to Section 378(4) CrPC.
Relying upon the Supreme Court ruling, the Karnataka High Court observed that the appellant in the present case, being the complainant under Section 138 of the Negotiable Instruments Act, also qualified as a victim and was therefore entitled to file an appeal against acquittal before the Sessions Court.
