Authority: High Court of Gujarat at Ahmedabad
Order Date: 17 September 2026
Case Overview
- Appellant: Shree Ram Transport Finance Co. Limited (through POA Jhakhar... ) versus Respondent: State of Gujarat & another.
- Appeal filed under Section 378 of the Criminal Procedure Code and Section 419 of the Bharatiya Nagrik Suraksha Sanhita against the judgment dated 08.04.2021 that acquitted the accused of an offence under Section 138 of the Negotiable Instruments Act.
- The High Court referred to the Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025) which held that the complainant is the victim and has an unconditional right to prefer an appeal under the proviso to Section 372 CrPC (or Section 413 BNSS).
- The Court also cited its own earlier decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and the pending Supreme Court matter Everest Automobiles Vs. Ranjit Enterprises (SLA No. 12350/2024).
- Counsel for the appellant: Mr. Manish J. Patel; Additional Public Prosecutor: Ms. Jyoti Bhatt.
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court and to be treated as an appeal under the proviso to Section 372 CrPC / Section 413 BNSS.
- 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 Sessions Court is instructed to issue notice to the parties and to dispose of the matter as expeditiously as possible.
- The High Court expressly declined to consider the merits of the appeal at this stage.
Topics: Legal Appeal, Negotiable Instruments