Authority: High Court of Gujarat at Ahmedabad
Order Date: 06/07/2026
Case Overview
- Appellant: Shree Ram Transport Finance Co. Limited (through Hitesh Karsanbhai Rampariya) filed a criminal appeal under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023 against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 dated 08.10.2018 by the 2nd Additional Chief Judicial Magistrate, Khambaliya.
- Respondents: State of Gujarat and other accused parties.
- Counsel: Mr. Manish J. Patel appeared for the appellant; Mr. Vinod M. Gamara, Mr. Nilesh J. Gosai and Additional Public Prosecutor Ms. Jyoti Bhatt appeared for the respondents.
- The appeal challenges the trial court’s order of acquittal.
- The matter references the Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), which held that the complainant in a Section 138 case is the victim and may file an appeal under the proviso to Section 372 CrPC, and also the Gujarat High Court decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019).
Final Outcome
- The High Court orders that the appeal be transferred to the appropriate Sessions Court.
- The transferred appeal shall be treated as an appeal under the proviso to Section 372 of the CrPC / Section 413 of the BNSS and numbered accordingly.
- The Registry is directed to forward the entire case record, including certified copies of the impugned order and all proceedings, to the Sessions Court forthwith.
- The lower appellate court is instructed to dispose of the matter as expeditiously as possible; the High Court does not examine the merits of the case at this stage.
Topics: Legal Appeal, Cheque Dishonour