Authority: High Court of Gujarat at Ahmedabad
Order Date: 12/06/2026
Case Overview
- Appellant: Pravinbhai Naginbhai Patel (original complainant) filed a criminal appeal under Section 378 CrPC and Section 419 BNSS against the acquittal dated 14‑06‑2021 by the 17th Additional Senior Civil Judge, Vadodara, in a Section 138 Negotiable Instruments Act case.
- Respondent: State of Gujarat & the accused (unnamed).
- The appeal challenges the trial court’s order acquitting the accused of the cheque‑bounce offence.
- Counsel cited the Supreme Court decision 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.
- That Supreme Court decision is presently pending further pronouncement in Special Leave to Appeal No. 12350/2024, but the High Court considered its reasoning persuasive.
Final Outcome
- The High Court orders the appeal to be transferred to the appropriate Sessions Court for consideration as an appeal under the proviso to Section 372 CrPC/Section 413 BNSS.
- 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 does not examine the merits at this stage.
Topics: Court Appeal Transfer, Cheque‑Bounce Law, Victim’s Right to Appeal