Authority: High Court of Gujarat, Ahmedabad
Order Date: 16/07/2026
Case Overview
- Parties: Keraliya Finance Thro. Harshadbha... (applicant) vs State of Gujarat & ANR (respondent).
- The appeal challenges the Judicial Magistrate First Class, Kadi’s judgment dated 31‑Dec‑2025 acquitting the accused under Section 138 of the Negotiable Instruments Act.
- The appellant filed the criminal miscellaneous application under Section 378 CrPC and Section 419 BNSS.
- Additional Public Prosecutor waived service of notice of admission for the State.
- The Court referred to its own 2019 decisions (Shivsinh Ganpatsinh Solanki vs State of Gujarat) and the Supreme Court’s 2025 judgment in Celestium Financial vs A Gnanasekaran (2025 (3) GLH 747), which held that the complainant is the victim and may appeal under the proviso to Section 372 CrPC.
- The Supreme Court observation (paras 7.8, 7.9, 7.12) emphasized the unconditional right of a victim of a cheque‑dishonour to prefer an appeal, without needing special leave.
- The matter is pending before the Supreme Court in SLP No. 12350/2024 for a definitive pronouncement.
Final Outcome
- The High Court disposes of the appeal by directing the Registry to transfer the entire case record, including certified copies of the impugned order, to the appropriate Sessions Court.
- The transferred matter shall be treated as an appeal under the proviso to Section 372 of the CrPC / Section 413 of the BNSS and numbered accordingly.
- The Sessions Court is instructed to issue notice to the parties and to endeavour to dispose of the appeal expeditiously.
- No merits of the case were examined at this stage.
Topics: Victim‑Appeal Rights, Cheque Dishonour Law