Authority: High Court of Gujarat, Ahmedabad

Order Date: 06/07/2026

Case Overview

  • Parties: Shree Ram Transport Finance Co. Limited (through Hitesh Karsanbhai Rampariya) as appellant vs. State of Gujarat & others as respondents.
  • Original proceeding: Criminal Appeal (against acquittal) No. 1961 of 2018 filed under Section 378 of the Criminal Procedure Code, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023.
  • Background: The trial court (2nd Additional Chief Judicial Magistrate, Khambaliya) acquitted the accused on 08.10.2018 for an offence under Section 138 of the Negotiable Instruments Act, 1881.
  • Legal issue: Whether the original complainant, deemed the victim under Section 138 NI Act, can file an appeal under the proviso to Section 372 of the CrPC (or Section 413 of BNSS) against an acquittal.
  • Precedent cited: Supreme Court judgment in Celestium Financial Vs. A. Gnanasekaran (2025 (3) GLH 747) holding that the complainant is the victim and may prefer an appeal under Section 372 without needing to resort to Section 378.
  • Additional references: Gujarat High Court’s earlier decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and Thakar Hariprasad Dalsukhram Vs. State of Gujarat (2026 SCC OnLine Guj 569).
  • Counsel: Mr. Manish J. Patel (Appellant), Mr. Vinod M. Gamara, Nilesh J. Gosai (Respondents), Ms. Jirga Jhavari (Additional Public Prosecutor).
  • Supreme Court pending SLP No. 12350/2024 on the same issue, noted by the Additional Public Prosecutor.

Final Outcome

  • The High Court orders the appeal to be transferred to the concerned Sessions Court.
  • The transferred appeal shall be treated as an appeal under the proviso to Section 372 of the CrPC / Section 413 of the 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 Sessions Court must issue notice to the parties and endeavour to dispose of the matter expeditiously.
  • The High Court does not examine the merits of the case at this stage.

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