SURESHKUMAR PRABHURAM THAKKARversusSTATE OF GUJARAT
- Disposal
- 97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.
- Bench
- SANJEEV THAKER
Holding
The appeal must be transferred to the Sessions Court as the complainant’s right of appeal under the proviso of Section 372 CrPC/Section 413 BNSS is limited to the next higher court.
Summary
The appellant, Sureshkumar Prabhuram Thakkar, filed an appeal under CrPC Section 378 and BNSS Section 419 against the trial court's acquittal on a charge under Section 138 of the Negotiable Instruments Act. The High Court examined a recent precedent (Shivsinh Ganpatsinh Solanki v. State of Gujarat) which held that a complainant in a Section 138 case has a specific right to appeal to the Sessions Court under the proviso of Section 372 CrPC/Section 413 BNSS. Relying on that decision and the Supreme Court’s judgment in M/s Celestium Financial v. A. Gyanasekaran, the Court concluded that the High Court lacks jurisdiction to entertain the appeal. Consequently, the appeal was ordered to be transferred to the appropriate Sessions Court with the complete record. The Court did not consider the merits of the case, directing the lower appellate court to dispose of it expeditiously.
Issues considered
- The jurisdiction of the High Court to entertain an appeal against acquittal under Section 138 NI Act filed by the complainant.
- Whether the appeal must be transferred to the Sessions Court under the proviso of Section 372 CrPC/Section 413 BNSS.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378
- Negotiable Instruments Act, 1881s. 138
Subjects
Judgment
R/CR.A/265/2019 ORDER DATED: 28/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 265 of 2019
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SURESHKUMAR PRABHURAM THAKKAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ADITYA A CHOKSI(7835) for the Appellant(s) No. 1
MALAV M MULANI(8844) for the Opponent(s)/Respondent(s) No. 2
MS. DIVYANGANA JHALA, APP for the Opponent(s)/Respondent(s) No. 1
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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
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R/CR.A/265/2019 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.
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R/CR.A/265/2019 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 16:43:56
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