Created byFuzzy Cloud

High Court of Gujarat

JASWANTBHAI UMEDBHAI PATELversusSTATE OF GUJARAT

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

Holding

The appeal must be transferred to the Sessions Court as the victim’s right to appeal under the proviso of Section 372 of the CrPC and Section 413 of the BNSS precludes the High Court from entertaining it.

Summary

The appellant filed an appeal under Section 378 of the CrPC and Section 419 of the BNSS against the trial court's acquittal of the accused under Section 138 of the Negotiable Instruments Act. The High Court examined a recent decision (Shivsinh Ganpatsinh Solanki v. State of Gujarat, 23.12.2025) which held that a complainant‑victim has a specific right to appeal under the proviso of Section 372 of the CrPC and Section 413 of the BNSS, and that such appeals must be made to the Sessions Court. Relying on that precedent and the Supreme Court’s jurisprudence, the Court concluded that it lacks jurisdiction to hear the appeal. Consequently, the High Court ordered the appeal to be transferred to the appropriate Sessions Court for adjudication as an appeal under the said provisions. The order also directed the Registry to forward the complete case record and urged the lower court to dispose of the matter expeditiously, preferably within two years.

Issues considered

  • The jurisdiction of the High Court to entertain an appeal against acquittal under Section 138 of the NI Act versus the victim's right to appeal under the proviso of Section 372 CrPC/Section 413 BNSS.
  • Whether the appeal should be transferred to the Sessions Court for disposal.

Legislation cited

Subjects

Acquittal appealSection 138 NI ActTransfer of appealCrPC Section 372BNSS Section 413Victim's right to appealProcedural jurisdiction

Judgment

     R/CR.A/1796/2023                                  ORDER DATED: 26/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1796 of 2023

==========================================================
                        JASWANTBHAI UMEDBHAI PATEL
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ASHUTOSH S DAVE(8865) for the Appellant(s) No. 1
MR YOGEN H SHAH(17500) for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2
MR VISHVAJITSINH D CHAUHAN(10160) for the
Opponent(s)/Respondent(s) No. 2
MS MEGHA CHITALIYA, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                              Date : 26/02/2026

                               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



                                    Page 1 of 3
     R/CR.A/1796/2023                                           ORDER DATED: 26/02/2026




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



                                           Page 2 of 3
        R/CR.A/1796/2023                                                              ORDER DATED: 26/02/2026




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
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.


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, but preferably within a period of

two years from the date of receipt of copy of this order. 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/S/99

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 26/02/2026 15:06:43




                                                        Page 3 of 3


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Acquittal appeal"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.