Authority: High Court of Gujarat at Ahmedabad
Order Date: 18/06/2026
Case Overview
- Appellant: Shree Ghanashyam Textile (through Kalpesh D. Patel) vs. State of Gujarat & Anr.
- Appeal filed under Section 378 of the Criminal Procedure Code against the judgment dated 31.01.2019 of the 6th Additional Chief Judicial Magistrate, Surat, which acquitted the accused under Section 138 of the Negotiable Instruments Act.
- The Court referred to the Supreme Court judgment Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), which held that the complainant is the victim and has a right to file an appeal under the proviso to Section 372 of the CrPC.
- The Court also cited its own decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and noted that the Supreme Court case is pending before a larger bench (SLA No.12350/2024).
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court.
- It shall be treated as an appeal under the proviso to Section 372 of the CrPC / Section 413 of the BNSS, numbered accordingly, and notice shall be issued to the parties.
- The Registry is directed to forward the entire case record, including certified copies of the impugned order and any proceedings lying with this Court, to the Sessions Court forthwith.
- The lower appellate court is instructed to dispose of the matter as expeditiously as possible; the High Court has not examined the merits at this stage.
Topics: Appeal Rights, Cheque Dishonour, Criminal Procedure