Authority: High Court of Gujarat at Ahmedabad
Order Date: 03/11/2026
Case Overview
- Parties: Bharat Sanchar Nigam Ltd. (appellant, represented by General Manager Sanjaykumar Bhikhalal Sheth) vs. State of Gujarat & another respondent.
- The appeal is filed under Section 378(4) Cr.P.C. challenging the acquittal of the respondent in Criminal Case No. 4188 of 2018, where the trial court had acquitted the accused of an offence under Section 138 of the Negotiable Instruments Act, 1881.
- The appellant argues that, as an acquittal appeal, the victim has a specific right under the proviso of Section 372 CrPC and Section 413 of the Bhartiya Nagrik Suraksha Sanhita, 2023, citing the precedent Celestium Financial v. A. Gyanasekaran (2025 INSC 804).
- The High Court, after hearing counsel Ms. P.J. Davawala (appellant) and Ms. C.M. Shah (respondent), decided not to examine the merits.
Final Outcome
- The Court directed the Registry to transfer the appeal, together with the entire case record and certified copies of the impugned order, to the concerned Sessions Court for further disposal.
- The transfer is to be effected forthwith, and the Sessions Court may be requested to dispose of the appeal expeditiously, given that the matter dates back to 2018.
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