Authority: High Court of Gujarat at Ahmedabad

Order Date: 23/07/2026

Case Overview

  • Parties: Appellant – Shree Ram Transport Finance Co. Limited (through POA Jakhariya Pritesh Mukeshbhai) vs. State of Gujarat & Anr.
  • Original complaint filed under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023 against an order of acquittal dated 08.04.2021 by the Chief Judicial Magistrate, Jam‑Khambhaliya.
  • The appellant seeks to file an appeal as a victim of an offence under Section 138 of the Negotiable Instruments Act, invoking the proviso to Section 372 of the CrPC (and Section 413 of BNSS).
  • The Court referred to the Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), which held that a complainant in a Section 138 case is the victim and may file an appeal under the proviso to Section 372 without needing to resort to Section 378.
  • The Court also cited its own earlier decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753 of 2019 & 12908 of 2019) and the Supreme Court’s pending decision in Everest Automobiles Vs. Rajit Enterprises (SLP No. 12350/2024), noting the need for an authoritative pronouncement.
  • Further, the Court referenced Thakar Hariprasad Dalsukhram Vs. State of Gujarat (2026 SCC OnLine Guj 569) in support of its direction.

Final Outcome

  • The appeal is ordered to be transferred 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 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 issue notice to the parties and to dispose of the matter as expeditiously as possible.
  • The High Court expressly stated that it has not examined the merits of the case at this stage.

Topics: Legal Appeal, Cheque Bounce Law