MPHC Rules Complainant as Victim Entitled to Appeal in M/S Solanki Tractors vs Mangilal
MPHC Rules Complainant as Victim Entitled to Appeal in M/S Solanki Tractors vs Mangilal (2026) held that The complainant in a Section 138 case is considered a victim and has the right to appeal against acquittal.
Case at a Glance
Summary
M/S Solanki Tractors And Motors filed a criminal appeal against the acquittal of Mangilal under Section 138 of the Negotiable Instruments Act. The court examined the maintainability of the appeal, referencing a Supreme Court ruling that recognized the complainant as a victim entitled to appeal against acquittal. The High Court upheld the complainant's right to appeal without needing special leave, affirming that the complainant and victim are the same under Section 138. The court ruled that the complainant can proceed under the proviso to Section 372 of the CrPC, allowing for an appeal as a matter of right.
