Authority: High Court of Gujarat, Ahmedabad
Order Date: 06/07/2026
Case Overview
- Parties: Appellant – Gujarat State Co. Agri and Rural Development Bank Ltd; Respondents – State of Gujarat and another.
- Appeal filed under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023, challenging the acquittal dated 14‑11‑2017 by the 6th Additional Judicial Magistrate, First Class, Mehsana under Section 138 of the Negotiable Instruments Act, 1881.
- Counsel: Mr. Kirit R Chaudhari for appellant; HCLS Committee, Ms. Bhavna D Acharya, Ms. Jyoti Bhatt (Additional Public Prosecutor) for respondents.
- 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 a complainant in a Section 138 case is the victim and may appeal under the proviso to Section 372 of the CrPC.
- The Supreme Court’s pending SLP No. 12350/2024 was also noted, indicating that a larger Bench may later pronounce on the issue.
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court.
- The transferred case 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, 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 appeal.
Topics: Court Transfer, Victim’s Right to Appeal, Negotiable Instruments Act