CHANDRABEN JYOTISHBHAI SANGHVI(LEGAL REPRESENTATIVE OF DECD.versusSTATE 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 lies there under the proviso of Section 372 CrPC and Section 413 BNSS.
Summary
The appellant filed an acquittal appeal under Section 378 of the CrPC and Section 419 of the Bharatiya Nagrik Suraksha Sanhita against the trial court's acquittal of the accused under Section 138 of the Negotiable Instruments Act. The appellant sought to have the appeal heard by the High Court, but the learned counsel argued for transfer to the Sessions Court in view of a recent decision of this Court. The High Court referred to Shivsinh Ganpatsinh Solanki v. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019, 23‑12‑2025), 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. Accordingly, the Court ordered the appeal to be transferred to the appropriate Sessions Court, directing the Registry to send the complete record. The Court clarified that it has not examined the merits of the appeal and urged the lower court to dispose of the matter expeditiously.
Issues considered
- The complainant in a Section 138 NI Act case has a statutory right to appeal to the Sessions Court under the proviso of Section 372 CrPC/Section 413 BNSS.
- Whether the present acquittal appeal pending before the High Court should be transferred to the Sessions Court.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378
- Negotiable Instruments Act, 1881s. 138
Subjects
Judgment
R/CR.A/407/2010 ORDER DATED: 11/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 407 of 2010
==========================================================
CHANDRABEN JYOTISHBHAI SANGHVI(LEGAL REPRESENTATIVE OF
DECD.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR.SUBHASH G BAROT(2619) for the Appellant(s) No. 1
MR P P MAJMUDAR(5284) for the Opponent(s)/Respondent(s) No. 2
MS ASMITA PATEL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 11/02/2026
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
transferred in view of the recent decision of this Court
Page 1 of 3
R/CR.A/407/2010 ORDER DATED: 11/02/2026
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.
Page 2 of 3
R/CR.A/407/2010 ORDER DATED: 11/02/2026
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
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. 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 11/02/2026 17:17:43
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