M/S Kalpana Hardware v. Sri Sampath
Criminal appeal by complainant against acquittal – maintainability
Case brief
What is this about?
Karnataka High Court, Bengaluru; CRL.A No. 2154 of 2022 (NC: 2026:KHC:26681); decided 05.06.2026 by S. Rachaiah, J. Keywords: maintainability of complainant's appeal against acquittal; Section 378(4) CrPC versus proviso to Section 372 CrPC; victim's right of appeal; Celestium Financial Vs. A. Gnanasekaran Etc., 2025 SCC Online SC 1320 (relied on); transfer of appeal to jurisdictional Appellate Court/Sessions Court; appearance fixed 30.06.2026; acquittal dated 20.09.2022 in C.C.No.16000/2019, XVI Additional Chief Metropolitan Magistrate Bengaluru; appellant M/s Kalpana Hardware and Ceramics (proprietor Smt. Kalpan Jain) through Sri Chandrashekhar K N., Advocate; respondent Sri Sampth.
What did the court decide?
Appeal transferred to the jurisdictional Appellate Court/Sessions Court; parties directed to appear there on 30.06.2026 without further notice; Registry to transmit the entire appeal papers including the appeal memo; liberty to appellant's counsel to amend the cause title and provisions thereof; pending I.A.s, if any, disposed of; appeal stands disposed of for statistical purposes.