Shah Babulal Appeal Remanded to Sessions Court

Authority: High Court of Gujarat, Ahmedabad

Order Date: 21 July 2026

Parties: Appellant – Shah Babulal Dhanjibhai (original complainant); Respondents – State of Gujarat & an unnamed accused.
Proceedings: Criminal Appeal (against acquittal) No. 1943 of 2018 filed under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Background: The trial court, 3rd Judicial Magistrate, First Class, Bharuch, acquitted the accused on 29 September 2018. The appellant seeks to challenge that acquittal.
Legal References Cited:
Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), particularly paras 7.8, 7.9, and 7.12, establishing that a complainant under Section 138 of the Negotiable Instruments Act is the victim and may file an appeal under the proviso to Section 372 CrPC (or Section 413 BNSS) without needing to resort to Section 378.
Pending Supreme Court matter Everest Automobiles Vs. Rajit Enterprises (Special Leave to Appeal (Criminal) No. 12350/2024), noted for its potential authoritative pronouncement on the issue.
This Court’s earlier decision in Thakar Hariprasad Dalsukhram Vs. State of Gujarat (2026 SCC OnLine Guj 569).
Counsel: Mr. Amit N. Patel for the appellant; Ms. Jyoti Bhatt for the respondent.

The appeal is disposed of with a direction to transfer the entire case record (including certified copies of the impugned order and all proceedings) to the concerned Sessions Court.
Upon transfer, the matter shall be treated as an appeal under the proviso to Section 372 of the CrPC / Section 413 of the BNSS, and the Sessions Court must issue notice to the parties accordingly.
The lower appellate court is instructed to dispose of the matter expeditiously, though the High Court has not examined the merits of the case at this stage.

Topics: Criminal Appeal Procedure, Victim’s Right to Appeal