Authority: High Court of Gujarat at Ahmedabad
Order Date: 14 July 2026
Case Overview
- Parties: Samarkha Nagrik Cooperative Credit Society (appellant/original complainant) vs Vaghela Vinodbhai Chhotabhai & Anr (respondent/accused).
- Appeal filed under Section 378 of the Criminal Procedure Code and Section 419 of the Bharatiya Nagrik Suraksha Sanhita against the acquittal order dated 02‑12‑2014 passed by the 4th Additional Chief Judicial Magistrate, Anand.
- The appellant relies on the Supreme Court judgment in Celestium Financial vs A. Gnanasekaran (2025 (3) GLH 747), which held that a complainant in a Section 138 cheque‑dishonour case is a victim entitled to appeal under the proviso to Section 372 CrPC (or Section 413 BNSS).
- The Court also noted the pending Supreme Court reference in Everest Automobiles vs Rajit Enterprises (Special Leave to Appeal No. 12350/2024) and earlier Gujarat High Court decision in Thakar Hariprasad Dalsukhram vs State of Gujarat (2026 SCC OnLine Guj 569).
Final Outcome
- The appeal is remanded to the Sessions Court for disposal as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS.
- The Registry is directed to transfer the entire case record, including certified copies of the impugned order and all proceedings, to the concerned Sessions Court forthwith.
- The Sessions Court is instructed to issue notice to the parties and to dispose of the matter expeditiously; the High Court does not consider the merits at this stage.
Topics: Victim‑Appeal Rights, Cheque Dishonour Law