Authority: High Court of Gujarat at Ahmedabad

Order Date: 28/07/2026

Case Overview

  • Parties: Air Control and Chemical Engineering Company Limited (appellant/original complainant) vs. State of Gujarat & others (respondents).
  • Nature of Proceeding: Criminal Appeal (against acquittal) under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023, challenging the trial court’s order dated 21‑10‑2016 that acquitted the accused under Section 138 of the Negotiable Instruments Act, 1881.
  • Background: The appellant filed the appeal as the original complainant, asserting victim status under Section 138 NI Act. The trial court had earlier acquitted the accused.
  • Legal References Cited:
  • Supreme Court decision in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747) establishing that the complainant in a Section 138 case is the victim and may file an appeal under the proviso to Section 372 CrPC.
  • High Court’s own earlier decisions: Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and Thakar Hariprasad Dalsukhram Vs. State of Gujarat (2026 SCC OnLine Guj 569).
  • Pending Supreme Court matter: Everest Automobiles Vs. Ranjit Enterprises (Special Leave to Appeal (Criminal) No. 12350/2024), noted for its potential impact on the legal position.
  • Counsel Appearances: MR DIPAK R DAVE for the appellant; MS JIRGA JHAVERI, Additional Public Prosecutor for the respondents; notice not received for other respondents.

Final Outcome

  • The High Court orders the appeal to be transferred to the concerned Sessions Court.
  • Upon transfer, the appeal must be treated as an appeal under the proviso to Section 372 of the CrPC and Section 413 of the BNSS, and numbered accordingly.
  • The Registry is directed to transfer the entire case record, including certified copies of the impugned order and all proceedings, to the Sessions Court forthwith.
  • The Sessions Court is instructed to issue notice to the parties and to dispose of the matter expeditiously, given the considerable pendency.
  • The High Court does not adjudicate the merits of the case at this stage.

Topics: Legal Procedure, Victim’s Right to Appeal, Section 138 NI Act