Samarkha Credit Society Appeal Remanded

Authority: High Court of Gujarat at Ahmedabad

Order Date: 14 July 2026

Case Overview

• Appellant: Samarkha Nagrik Co‑Operative Credit Society (original complainant).
• Respondents: Harijan Rameshbhai Jayantibhai & Anr. (accused).
• Appeal filed under Section 378 CrPC and Section 419 BNSS against the acquittal order dated 02‑12‑2014 passed by the 4th Additional Chief Judicial Magistrate, Anand.
• The appellant seeks reversal of the acquittal; the matter was referred to the High Court for transfer following the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 (3) GLH 747), which held that a complainant in a cheque‑dishonour case is the victim and may appeal under the proviso to Section 372 CrPC (or Section 413 BNSS) without needing to invoke Section 378.
• The High Court also noted the pending Supreme Court reference in Everest Automobiles v. Rajit Enterprises (SLAP No. 12350/2024) and indicated that a larger Bench should eventually pronounce on the issue.

Final Outcome

• The appeal is remanded to the appropriate Sessions Court.
• The transferred matter shall be treated as an appeal under the proviso to Section 372 CrPC/Section 413 BNSS, and the Sessions Court is directed to issue notice to the parties.
• The Registry must forward the entire case record, including certified copies of the impugned order and any proceedings, 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: Victim‑Right Appeal, Cheque Dishonour Law, Judicial Transfer