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High Court of Gujarat

MAYUR DINESHCHANDRA SHAHversusSTATE OF GUJARAT

Disposal
97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.

Holding

The court allowed the withdrawal of the leave-to-appeal application and granted liberty to file a proper appeal within four months, with the filing period not counted as delay.

Summary

The complainant filed an application under Section 378(4) of the CrPC seeking leave to appeal against the trial court's acquittal of the accused under Section 138 of the Negotiable Instruments Act. The applicant later sought to withdraw the application, relying on a recent Gujarat High Court decision (Shivsinh Ganpatsinh Solanki v. State of Gujarat) which recognized a complainant's specific right to appeal under the proviso to Section 372 of the CrPC (Section 413 of the BNSS). The court granted permission to withdraw the application, disposed of it as withdrawn, and allowed the complainant to file a proper appeal before the Sessions Court within four months, stipulating that the time spent on the withdrawn application would not count as delay. The order emphasized that the matter's merits were not examined and directed the lower appellate court to dispose of any subsequently filed appeal expeditiously. The certified copy of the impugned judgment was to be handed over to the applicant upon request.

Issues considered

  • The complainant's right to withdraw a leave-to-appeal application after a new precedent recognizing a specific appeal right under Section 372 CrPC.
  • Whether the period spent filing the withdrawn application can be excluded from the limitation period for filing an appeal under Section 372 CrPC.
  • Whether a complainant in a Section 138 NI Act case has a specific right to appeal an acquittal under the proviso to Section 372 CrPC.

Legislation cited

Subjects

Section 138 NI ActCrPC Section 372Leave to appealWithdrawal of applicationAppeal rights of complainantTime limitationAcquittal

Judgment

     R/CR.MA/11920/2023                                         ORDER DATED: 02/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 11920
                          of 2023

                          In R/CRIMINAL APPEAL/1620/2023

                                    With
                      R/CRIMINAL APPEAL NO. 1620 of 2023
==========================================================
                          MAYUR DINESHCHANDRA SHAH
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MS NEHA J LADHANI(13334) for the Applicant(s) No. 1
MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 02/04/2026

                                      ORAL ORDER


1.              This application is filed under Section 378(4) of

the Code of Criminal Procedure, 1973 (“Code or CrPC”) by

the Complainant seeking leave to appeal to challenge the

judgment and order impugned passed by the learned trial

Court,      whereby        the    Ld.    Trial        Court    had      acquitted         the

Respondent/s-Accused             of   charge      under       Section     138    of       the

Negotiable Instruments Act, 1881 (hereinafter referred to as

the `NI Act’ for short).



2.              Learned          advocate        for     the      appellant         seeks

permission to withdraw this application, in view of the latest

decision rendered by this Court in the case of                                  Shivsinh



                                        Page 1 of 3
     R/CR.MA/11920/2023                                        ORDER DATED: 02/04/2026




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 BNSS) to the Court which is

immediately superior in hierarchy i.e., the Sessions Court,

with a liberty to file appropriate appeal under Section 372 of

the Code (Section 413 of BNSS) and prayed that the period

that may be consumed in filing the present appeal, may not

be    counted        as   delay     in     filing       such   appeal     before         the
concerned Court.


3.              Permission as prayed for is granted. The present

application as well as the connected appeal are disposed of

as withdrawn, with a liberty to file appropriate appeal/s

before the concerned Court, within a period of four months

from the date of this order. Record and proceedings, if lying

with this Court, be remitted back to the concerned Court

forthwith.




                                         Page 2 of 3
       R/CR.MA/11920/2023                                                                ORDER DATED: 02/04/2026




 4.                   It      is      clarified           that        the        period          that         may         be

 consumed in filing the present appeal may not be counted as

 delay         in      filing        such        appeal           before          the       concerned              Court.

 Moreover, the certified copy of the impugned judgment, be

 handed over to the applicant/appellant, as per Rules, if asked

 for. It is open for the parties to agitate all the grievance

 before the concerned Court afresh.



 5.                   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, if so

 filed, as expeditiously as possible.


 6.                   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/sb/8


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 02/04/2026 14:58:52




                                                         Page 3 of 3


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