High Court of Gujarat
RAJESHKUMAR ISHWARLAL THAKKARversusVIJAYKUMAR NATWARLAL THAKKAR
- Disposal
- 97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.
- Bench
- SANJEEV THAKER
Holding
The appeal is to be transferred to the Sessions Court and treated as an appeal under the proviso of Section 372 of the CrPC/Section 413 of the BNSS.
Summary
The appellant filed an appeal under Section 378 of the CrPC and Section 419 of the BNSS against the trial court's acquittal on a charge under Section 138 of the Negotiable Instruments Act. The court referred to its recent decision in Shivsinh Ganpatsinh Solanki v. State of Gujarat, which held that a complainant‑victim has a specific right to appeal under the proviso of Section 372 of the CrPC (or Section 413 of the BNSS) to the Sessions Court. Accordingly, the appellant’s request to transfer the appeal was entertained. The High Court disposed of the appeal by directing the Registry to transfer the entire record to the appropriate Sessions Court, where it will be treated as an appeal under the said proviso. No merits of the case were examined, and the lower appellate court was instructed to dispose of the matter expeditiously.
Issues considered
- The complainant’s right to appeal an acquittal under Section 138 NI Act pursuant to the proviso of Section 372 of the CrPC/Section 413 of the BNSS
- Whether the appeal pending before the High Court should be transferred to the Sessions Court
- The applicability of the recent decision in Shivsinh Ganpatsinh Solanki v. State of Gujarat to the present appeal
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378
- Negotiable Instruments Act, 1881s. 138
Subjects
appealtransferSection 138 NI ActjurisdictionCrPCBNSSvictim's rightappellate procedure
Judgment
R/CR.A/104/2019 ORDER DATED: 28/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 104 of 2019
==========================================================
RAJESHKUMAR ISHWARLAL THAKKAR
Versus
VIJAYKUMAR NATWARLAL THAKKAR & ANR.
==========================================================
Appearance:
MR AV NAIR(5602) for the Appellant(s) No. 1
MR RAJABHAI J GOGDA(3628) for the Appellant(s) No. 1
ANAND R PATEL(7352) for the Opponent(s)/Respondent(s) No. 1
MS. DIVYANGANA JHALA, APP for the Opponent(s)/Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 28/04/2026
ORAL ORDER
1. This is an acquittal appeal filed under Section 378
of the Code of Criminal Procedure, 1973 (hereinafter referred
to as ‘the Code’ for short) / under Section 419 of the
Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter
referred to as ‘BNSS’ for short) by the complainant against
the judgment and order impugned passed by the learned trial
Court, whereby the learned trial Court had acquitted the
respondent/s/accused of the charge under Section 138 of the
Negotiable Instruments Act, 1881 (hereinafter referred to as
the ‘NI Act’ for short).
2. Heard learned advocate for the parties. Learned
APP has submitted that this matter is required to be
transferred in view of the recent decision of this Court
Page 1 of 3
R/CR.A/104/2019 ORDER DATED: 28/04/2026
passed in Criminal Misc. Application No.12753 of 2019 with
Criminal Misc. Application No.12908 of 2019.
3. Before entering into the merits of this case, this
Court deems it proper to refer to the latest decision rendered
by this Court in the case of Shivsinh Ganpatsinh Solanki V/s
State of Gujarat & Anr. being Criminal Miscellaneous
Application Nos. 12753 of 2019 with 12908 of 2019 on
23.12.2025, wherein, after considering the various judgments
of the Hon’ble Supreme Court, more particularly, the
judgment in the matter of M/s Celestium Financial V/s
A.Gyanasekaran etc. reported in 2025 INSC 804, has
observed and held that the Complainant, in a complaint
under Section 138 of the N.I. Act, being a Victim, has a
specific right to appeal under proviso of Section 372 of the
Code / Section 413 of the BNSS to the Court which is
immediately superior in hierarchy i.e., the Sessions Court.
Therefore, the applications for leave to appeal/appeal(s) which
are pending before this Court can be disposed of with a
direction to transfer the said application/appeal(s) to the
concerned Sessions Court.
4. In view of the above, learned advocate for the
petitioner requested to transfer the appeal to the concerned
Sessions Court.
Page 2 of 3
R/CR.A/104/2019 ORDER DATED: 28/04/2026
5. In view of the said request, this appeal is
disposed of with a direction to the Registry to transfer the
appeal to the concerned Sessions Court. After it is
transferred to the concerned Sessions Court, it has to be
treated as an Appeal under the proviso under Section 372 of
the Code / Section 413 of BNSS and numbered accordingly.
The Registry is directed to transfer the entire record of the
case, including the certified copies of the order impugned and
record & proceedings, if lying with this Court, to the
concerned lower Appellate Court, forthwith.
6. Considering that the matter has been pending for
considerable time, the learned lower Appellate Court is
required to make endeavour to dispose of the matter as
expeditiously as possible. It is clarified that this Court has
not gone into the merits of the matter at this stage.
(SANJEEV J.THAKER,J)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 28/04/2026 16:36:39
Page 3 of 3
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