Authority: High Court of Gujarat at Ahmedabad (Hon’ble Mr. Justice Hemant M. Prachchak)

Order Date: 06/07/2026

Case Overview

  • Parties: Appellant – Shree Ram Transport Finance Co. Limited (through POA Hitesh Karsanbhai Rampariya) vs. State of Gujarat & another respondent.
  • Original judgment: Acquittal of the accused on 08.10.2018 by the 2nd Additional Chief Judicial Magistrate, Khambaliya, under Section 138 of the Negotiable Instruments Act, 1881.
  • Appeal filed under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023.
  • Counsel: MR MANISH J PATEL for appellant; MR VO JOSHI and MS JYOTI BHATT (Additional Public Prosecutor) for respondents.
  • The appellant relies on the Supreme Court’s decision in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), which held that the complainant in a Section 138 case 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.
  • The High Court also referenced its own earlier decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and the Supreme Court’s pending SLP No. 12350/2024, noting that a larger bench should eventually pronounce on the issue.
  • Additional reference to Thakar Hariprasad Dalsukhram Vs. State of Gujarat (2026 SCC OnLine Guj 569) supporting the transfer direction.

Final Outcome

  • The appeal is disposed of with a direction to transfer it to the concerned Sessions Court.
  • Upon transfer, the appeal shall be treated as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS and numbered accordingly.
  • The Registry is directed to transfer the entire case record, including certified copies of the impugned order and all proceedings, to the Sessions Court forthwith.
  • The lower appellate court is instructed to endeavour to dispose of the matter expeditiously; the High Court does not examine the merits at this stage.

Topics: Appeal Transfer, Cheque Dishonour Law, Victim Appeal Rights