KIRITBHAI RAMESHBHAI TRIVEDI POA OF BHAVESHBHAI RAMESHBHAI TRIVEDIversusSTATE OF GUJARAT

      R/CR.A/290/2023                                  ORDER DATED: 29/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 290 of 2023

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KIRITBHAI RAMESHBHAI TRIVEDI POA OF BHAVESHBHAI RAMESHBHAI
                          TRIVEDI
                           Versus
                 STATE OF GUJARAT & ANR.
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Appearance:
MR K S CHANDRANI(6674) for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2
MS.AKSHITABA SOLANKI(6782) for the Opponent(s)/Respondent(s) No. 2
MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                              Date : 29/04/2026

                               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) 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/290/2023                                             ORDER DATED: 29/04/2026




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/290/2023                                                                ORDER DATED: 29/04/2026




  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.


  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 29/04/2026 15:35:38




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