Authority: High Court of Gujarat at Ahmedabad
Order Date: 06/07/2026
Case Overview
- Parties: Appellant – Shree Ram Transport Finance Co. Ltd. (through Dharmesh Sumanbhai Makwana) vs. State of Gujarat & others.
- Criminal Appeal No. 2006 of 2018 filed under Section 378 CrPC and Section 419 BNSS against the acquittal dated 22‑10‑2018 by the Chief Judicial Magistrate, Patan, under Section 138 NI Act.
- The appellant seeks to invoke the victim‑appeal right under the proviso to Section 372 CrPC (or Section 413 BNSS) following the Supreme Court’s decision in Celestium Financial vs. A. Gnanasekaran (2025 (3) GLH 747).
- The Supreme Court held that the complainant in a Section 138 case is the victim and may file an appeal without needing to resort to Section 378, emphasizing the unconditional nature of the victim’s right.
- The High Court also relied on its own earlier decision in Shivsinh Ganpatsinh Solanki vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and on Thakar Hariprasad Dalsukhram vs. State of Gujarat (2026 SCC OnLine Guj 569).
- Counsel for the State argued for remand to the Sessions Court, while the Additional Public Prosecutor highlighted that the Supreme Court’s Celestium matter is pending before the Supreme Court (SLA No. 12350/2024) and that a larger bench should pronounce authoritatively.
Final Outcome
- The appeal is disposed of with a direction to transfer the entire case record, including certified copies of the impugned order, to the concerned Sessions Court.
- The transferred matter shall be treated as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS and numbered accordingly.
- The Registry is ordered to issue notice to the parties and to ensure the transfer is effected forthwith.
- The Sessions Court is instructed to dispose of the matter expeditiously; the High Court has not examined the merits of the case at this stage.
Topics: Legal Procedure, Cheque Dishonor