Authority: High Court of Gujarat at Ahmedabad

Order Date: 06/07/2026

Case Overview

  • Parties: Appellant – Shree Ram Transport Finance Co. Limited (through Hitesh Karsanbhai Rampariya) vs. State of Gujarat & Anr. (respondent/accused).
  • The appeal is filed under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023, challenging the trial court’s order dated 08.10.2018 that acquitted the accused of an offence under Section 138 of the Negotiable Instruments Act, 1881.
  • Counsel for the State and the accused argued for transfer of the matter in light of the Supreme Court’s decision in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747), where the Supreme Court held that the original complainant is the victim and may file an appeal under the proviso to Section 372 of the CrPC (or Section 413 of the BNSS) before the Sessions Court.
  • The High Court also referred to its own earlier decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753 of 2019 & 12908 of 2019) and to the Supreme Court’s observations in paragraphs 7.8, 7.9 and 7.12 of the Celestium Financial judgment, which elaborate the victim’s unconditional right to appeal.
  • The Additional Public Prosecutor highlighted that the Celestium Financial matter is pending before the Supreme Court in SLP (Crl.) No. 12350/2024, and that a larger Bench should give an authoritative pronouncement.
  • The Court also cited the Gujarat High Court decision in Thakar Hariprasad Dalsukhram Vs. State of Gujarat (2026 SCC OnLine Guj 569) in support of its direction.

Final Outcome

  • The appeal is disposed of with a direction to the Registry to transfer the appeal to the concerned Sessions Court.
  • Upon transfer, the appeal shall be treated as an appeal under the proviso to Section 372 of the CrPC / Section 413 of the BNSS and numbered accordingly, with notice issued to the parties.
  • The Registry is ordered 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 expedite disposal of the matter, given the considerable delay, but the High Court does not examine the merits at this stage.

Topics: Appeal Transfer, Section 138 NI Act, Victim’s Right to Appeal