Authority: High Court of Gujarat at Ahmedabad
Order Date: 23 July 2026
Case Overview
- Appellant: Laxmi Insecticides Pvt Ltd (through Manager Dineshbhai) filed Criminal Appeal No.874 of 2012 under Section 378 CrPC and Section 419 BNSS against the acquittal of Saurashtra Agro Chemicals & Ors. dated 02‑04‑2012 by the Metropolitan Magistrate, Negotiable Instruments Act, Court No.30, Ahmedabad.
- The appeal challenges the trial court’s order acquitting the respondents of an offence under Section 138 of the Negotiable Instruments Act (cheque dishonour).
- The Court referred to the Supreme Court judgment in Celestium Financial Ltd. vs. A. Gnanasekaran (2025 (3) GLH 747), which held that the complainant is the victim and may file an appeal under the proviso to Section 372 CrPC (or Section 413 BNSS) without needing to resort to Section 378.
- The Court also cited its own earlier decision in Shivsinh Ganpatsinh Solanki vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and the Gujarat High Court decision in Thakar Hariprasad Dalsukhram vs. State of Gujarat (2026 SCC OnLine Guj 569).
- An additional note was made that the Celestium matter is pending before the Supreme Court in Everest Automobiles vs. Rajit Enterprises (SLA No.12350/2024), and a larger bench may later pronounce on the issue.
Final Outcome
- The High Court ordered the appeal to be transferred to the appropriate Sessions Court for disposal as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS.
- The Registry was directed to transfer the entire case record, including certified copies of the impugned order and all proceedings, to the Sessions Court forthwith.
- The lower appellate court was instructed to dispose of the matter expeditiously.
- No merits of the dispute were examined by the High Court.
Topics: Legal Appeal, Cheque Dishonour, Victim’s Right to Appeal