Authority: High Court of Gujarat at Ahmedabad
Order Date: 12/06/2026
Case Overview
- Appellant: Borsad Urban Co‑operative Credit Society (original complainant) filed a criminal appeal under Section 378 CrPC / Section 419 BNSS against the acquittal of respondents Rajeshkumar Thakorlal Bhatt & Anr. dated 01.01.2018 by the 3rd Additional Civil Judge, Borsad, under Section 138 of the Negotiable Instruments Act.
- Respondents: Rajeshkumar Thakorlal Bhatt & Anr.; the State of Gujarat represented by the Additional Public Prosecutor.
- The appeal challenges the trial court’s order of acquittal.
- Counsel cited the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran (2025 (3) GLH 747) which holds that the complainant in a Section 138 case 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 High Court also referred to its own earlier decision in Shivsinh Ganpatsinh Solanki v. State of Gujarat (Criminal Misc. Apps. 12753/2019 & 12908/2019) and to a recent Gujarat High Court judgment Thakar Hariprasad Dalsukhram v. State of Gujarat (2026 SCC OnLine Guj 569) supporting the same principle.
Final Outcome
- The appeal is disposed of by directing the Registry to transfer the entire case record, including certified copies of the impugned order, to the Sessions Court having jurisdiction over the matter.
- The transferred matter shall be treated as an appeal filed under the proviso to Section 372 CrPC / Section 413 BNSS and numbered accordingly; notice to parties shall be issued.
- The Sessions Court is instructed to dispose of the appeal expeditiously.
- The High Court expressly declined to consider the merits of the case at this stage.
Topics: Legal Procedure, NI Act Appeal