Authority: High Court of Gujarat at Ahmedabad
Order Date: 14 July 2026
Case Overview
- Parties: Appellant – Divyesh Kantilal Reshamwala, proprietor of D.K. Enterprise; Respondents – Snehal Shashikant Kapadiya and another accused.
- The appeal is filed under Section 378(4) of the Criminal Procedure Code against the judgment and order dated 04‑01‑2020 of the 9th Additional Chief Judicial Magistrate, Surat, which acquitted the accused.
- The matter concerns an alleged offence under Section 138 of the Negotiable Instruments Act (cheque dishonour).
- The Court referred to its own earlier decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and to the Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), which held that the complainant is the victim and may appeal under the proviso to Section 372 CrPC without needing Section 378.
- The Supreme Court decision is presently pending before it in Special Leave to Appeal (Crl.) No. 12350/2024, but the High Court proceeded on the basis of the existing pronouncement.
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court.
- Upon transfer, it 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 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 has not examined the merits at this stage.
Topics: Cheque Dishonor Appeal, Victim’s Right to Appeal