SAVITRTIBEN SUNIL BIYANI PROPRIETOR OF MAHESHWARI JARIversusSTATE OF GUJARAT

      R/CR.A/1374/2024                                  ORDER DATED: 09/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1374 of 2024

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     SAVITRTIBEN SUNIL BIYANI PROPRIETOR OF MAHESHWARI JARI
                               Versus
                    STATE OF GUJARAT & ORS.
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Appearance:
MR NEEL KANABAR for MR RAHUL R DHOLAKIA(6765) for the Appellant
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2,3,4
BAILABLE WARRANT UNSERVED for the Opponent(s)/Respondent(s) No. 5
MS DHWANI R TRIPATHI, APP for the Respondent/s No.1 - State
RULE NOT RECD BACK for the Opponent(s)/Respondent(s) No. 5
RULE SERVED for the Opponent(s)/Respondent(s) No. 2,3,4
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                               Date : 09/02/2026

                                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



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transferred in view of the recent decision of this Court

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



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 Sessions Court.


 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)
 M.H. DAVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 18:39:56




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