Authority: High Court of Gujarat, Ahmedabad
Order Date: 07/07/2026
Case Overview
- Parties: Appellant – F TECH ENGINEERING CO. (partner Jigneshbhai Mansukhbhai Pambhar) vs Respondent – Shashi Khushiram Agrawal, Proprietor of Navya Sanitary House & Anr.; State of Gujarat represented by Additional Public Prosecutor.
- The appeal challenges the acquittal dated 20‑11‑2018 by the 5th Additional Senior Civil Judge, Rajkot, under Section 138 of the Negotiable Instruments Act.
- The appellant filed the appeal under Section 378 CrPC and Section 419 BNSS, asserting the right to appeal as a victim‑complainant.
- Counsel cited Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747) establishing that a complainant in a Section 138 case is the victim and may invoke the proviso to Section 372 CrPC (or Section 413 BNSS) to appeal an acquittal.
- The Court also referred to its own decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and to Gujarat High Court judgment Thakar Hariprasad Dalsukhram Vs. State of Gujarat (2026 SCC OnLine Guj 569).
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 shall forward the entire case record, including certified copies of the impugned order, to the Sessions Court forthwith.
- The Sessions Court is directed to issue notice to the parties and to dispose of the matter expeditiously.
- The High Court did not examine the merits of the appeal.
Topics: Victim Appeal Rights, Section 138 NI Act, Criminal Procedure