Authority: High Court of Gujarat at Ahmedabad
Order Date: 18 June 2026
Case Overview
- Parties: Appellant – Gaji Manan Sabbir Abudul Rahim; Respondent – State of Gujarat & others.
- Original proceeding: Trial Court (Additional Chief Judicial Magistrate, Santrampur, Mahisagar) acquitted the accused on 22‑11‑2022 under Section 138 NI Act.
- Appeal filed under Section 378 CrPC and Section 419 BNSS by the original complainant seeking reversal of acquittal.
- Counsel submissions referenced Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025 (3) GLH 747) which holds that the complainant is the victim and may appeal under the proviso to Section 372 CrPC (or Section 413 BNSS) without needing to proceed under Section 378.
- The Supreme Court decision is presently pending further pronouncement in SLP No. 12350/2024, but the High Court considered its reasoning persuasive.
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court.
- The transferred matter shall be treated as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS and numbered accordingly.
- The Registry must forward the entire case record, including certified copies of the impugned order and all proceedings, to the Sessions Court forthwith.
- The lower appellate court is directed to dispose of the matter expeditiously; the High Court does not examine the merits at this stage.
Topics: Appeal Rights; Negotiable Instruments Act