Authority: High Court of Gujarat at Ahmedabad
Order Date: 03/09/2026
Case Overview
- Parties: Appellant – Patel Rakeshkumaar Amratbhai (original complainant) vs. State of Gujarat & another respondent (accused).
- The appeal is filed under Section 378 CrPC and Section 419 BNSS against the judgment dated 26-11-2018 of the 2nd Additional Chief Judicial Magistrate, Mehsana, which acquitted the accused of an offence under Section 138 of the Negotiable Instruments Act, 1881.
- The appellant contends, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 (3) GLH 747), that the complainant is the victim and therefore has a right to prefer an appeal under the proviso to Section 372 CrPC (or Section 413 BNSS) before the Sessions Court.
- The State of Gujarat, through the Additional Public Prosecutor, supports remand to the Sessions Court, noting that the Supreme Court’s decision is pending final pronouncement in SLP No. 12350/2024.
Final Outcome
- The High Court orders the appeal to be transferred to the concerned Sessions Court.
- The transferred case shall be treated as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS and numbered accordingly.
- The Registry is directed to 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 instructed to dispose of the matter expeditiously; the High Court does not consider the merits at this stage.
Topics: Appeal Transfer, Section 138 NI Act