Authority: High Court of Gujarat at Ahmedabad
Order Date: 19/06/2026
Case Overview
- Parties: Appellant Ashokbhai Ramjibhai Maniya, proprietor of Zeel Constructions, versus State of Gujarat & others (respondents).
- The appeal is filed under Section 378 CrPC and Section 419 BNSS against the acquittal order dated 16.03.2018 passed by the 2nd Additional Chief Judicial Magistrate, Surat, which had acquitted the accused of an offence under Section 138 of the Negotiable Instruments Act, 1881.
- The appellant contends that, as the complainant and victim of the cheque dishonour, he has the right to prefer an appeal under the proviso to Section 372 CrPC (or Section 413 BNSS), as clarified by the Supreme Court in Celestium Financial Vs. A. Gnanasekaran (2025) and reiterated by this Court in earlier decisions.
- The Court also notes that the Supreme Court has a pending Special Leave to Appeal (Crl.) No. 12350/2024 on the same issue, but proceeds based on the existing pronouncement.
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court for consideration as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS.
- 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 lower appellate court is instructed to dispose of the matter expeditiously.
- The High Court did not examine the merits of the case at this stage.
Topics: Appeal Procedure, Cheque Dishonour