High Court of Gujarat
ABHAYSINH ARJANBHA KERversusSTATE OF GUJARAT
- Disposal
- 97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.
- Bench
- SANJEEV THAKER
Holding
The High Court held that the complainant has a specific right to appeal under the proviso of Section 372 CrPC and the appeal must be transferred to the Sessions Court.
Summary
The appellant, Abhaysinh Arjanbha Ker, filed an appeal under Section 378 of the CrPC against the trial court's acquittal on a charge under Section 138 of the Negotiable Instruments Act. The High Court referred to its recent decision in Shivsinh Ganpatsinh Solanki v. State of Gujarat, which held that a complainant in a Section 138 case has a specific right to appeal under the proviso of Section 372 of the CrPC to the Sessions Court. Accordingly, the appellant's request to transfer the appeal to the appropriate Sessions Court was entertained. The Court ordered the transfer of the entire case record to the Sessions Court and directed that the appeal be treated as an appeal under Section 372. No merits of the case were examined, and the Court emphasized speedy disposal by the lower court.
Issues considered
- The jurisdiction of the High Court to entertain an appeal against acquittal under Section 378 CrPC in a Section 138 NI Act case
- The complainant's right to appeal under the proviso of Section 372 CrPC to the Sessions Court
- The appropriate forum for hearing the appeal after acquittal
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378, s. 413
- Negotiable Instruments Act, 1881s. 138
Subjects
Acquittal appealSection 138 NI ActSection 372 CrPCJurisdictionTransfer of appealSessions CourtComplainant rights
Judgment
R/CR.A/1664/2024 ORDER DATED: 09/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1664 of 2024
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ABHAYSINH ARJANBHA KER
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VIJAY H NANGESH(3981) for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2
MS NAMRATA H DAVE(10172) for the Opponent(s)/Respondent(s) No. 2
MS JYOTI BHATT, APP for the Opponent(s)/Respondent(s) No. 1
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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) 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 advocates for the parties. Learned
APP has submitted that this matter is required to be
transferred in view of the recent decision of this Court
passed in Criminal Miscellaneous Application Nos. 12753 of
2019 with 12908 of 2019.
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R/CR.A/1664/2024 ORDER DATED: 09/02/2026
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 to the Court which is immediately superior in hierarchy
i.e., the Sessions Court. Therefore, the applications for leave
to appeal/appeals which are pending before this Court can be
disposed of with a direction to transfer the said
application/appeal 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.
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
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R/CR.A/1664/2024 ORDER DATED: 09/02/2026
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
and issue notice to the parties. 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.
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 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)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 18:14:46
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