Authority: High Court of Gujarat at Ahmedabad
Order Date: 14/09/2026
Case Overview
- Parties: Gujarat Laghu Udyog Sahkari Society Ltd. (appellant) vs State of Gujarat & Ors. (respondent).
- Appeal filed under Section 378 of the Criminal Procedure Code and Section 419 of the Bharatiya Nagrik Suraksha Sanhita against the acquittal order dated 22/01/2025 issued by the 29th Additional Chief Judicial Magistrate, Ahmedabad, concerning an alleged offence under Section 138 of the Negotiable Instruments Act, 1881.
- Counsel for the appellant: Mr. Vinod B Gupta and Mr. Om S Tripathi; Additional Public Prosecutor for the respondent: Ms. Jyoti Bhatt.
- The appellant relied on the Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), which held that the complainant is the victim and may file an appeal under the proviso to Section 372 CrPC (or Section 413 BNSS) before the Sessions Court.
- The High Court referred to its own earlier decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and reiterated the Supreme Court’s observations that the victim of a Section 138 offence has an unconditional right to appeal.
- The Supreme Court’s pending Special Leave Petition (SLP) No. 12350/2024 was noted, indicating that a larger bench will eventually pronounce on the issue.
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court.
- The transferred appeal shall be treated as an appeal under the proviso to Section 372 CrPC / Section 413 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 did not examine the merits of the case at this stage.
Topics: Victim’s Right to Appeal, Section 138 NI Act, Criminal Procedure