Mr Kamal Kumar Kapur v. Mr Sarvana Prasad
Case brief
What is this about?
Karnataka High Court (Bengaluru), CRL.A No.1166 of 2018 (NC: 2026:KHC:29997), decided 18.06.2026 by S Rachaih, J. Complainant-appellant Kamal Kumar Kapur challenged acquittal of respondent Sarvana Prasad under S.138 NI Act (judgment dated 29.05.2018, XXV Addl. CMM Bengaluru in C.C.No.13291/2014) via appeal under S.378(4) CrPC. Relying on Celestium Financial vs. A. Gnanasekaran Etc., 2025 SCC Online SC 1320 (paras 10, 25-35), the Court held that a complainant who is the victim must appeal against acquittal before the jurisdictional Sessions Court under the proviso to S.372 CrPC and not under S.378(4) before the High Court; the appeal was held not maintainable before the High Court and stood transferred to the jurisdictional Appellate Court/Sessions Court, with parties to appear on 14.07.2026, transmission of papers by the Registry, liberty to amend cause title, and statistical disposal of the appeal and pending I.As. Keywords: S.138 NI Act acquittal appeal; S.378(4) CrPC; proviso S.372 CrPC; maintainability; victim-complainant; transfer to Sessions Court.