High Court of Gujarat
MAGANBHAI HARIBHAI VIRANI MANANGING DIRECTOR OF SHRI MOTA LILYA CREDIT CO.OP. SOCIETY LTD.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 statutory right of appeal lies there under Section 372 of the CrPC and Section 413 of the BNSS.
Summary
The trial court acquitted Maganbhai Haribhai Virani, the managing director of Shri Mota LIlYa Credit Co‑op. Society Ltd., of an offence under Section 138 of the Negotiable Instruments Act. The complainant filed appeals against the acquittal under Section 378 of the CrPC and Section 419 of the Bharatiya Nagrik Suraksha Sanhita. The High Court, citing its own recent decision in Shivsinh Ganpatsinh Solanki v. State of Gujarat, held that a complainant (victim) has a specific right to appeal to the Sessions Court under the proviso of Section 372 of the CrPC and Section 413 of the BNSS. Consequently, the High Court did not consider the merits but ordered the transfer of the appeals to the appropriate Sessions Court. The entire case record was directed to be sent to the lower appellate court for further proceedings.
Issues considered
- The jurisdiction of the High Court to entertain an appeal against acquittal under Section 138 NI Act versus the complainant's right to appeal to the Sessions Court under Section 372 CrPC/Section 413 BNSS.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378
- Negotiable Instruments Act, 1881s. 138
Subjects
Acquittal appealSection 138 NI ActTransfer of appealJurisdictionVictim's right to appealBNSSCrPCSessions Court
Judgment
R/CR.A/582/2024 ORDER DATED: 09/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 582 of 2024
With
R/CRIMINAL APPEAL NO. 583 of 2024
With
R/CRIMINAL APPEAL NO. 584 of 2024
With
R/CRIMINAL APPEAL NO. 585 of 2024
With
R/CRIMINAL APPEAL NO. 586 of 2024
With
R/CRIMINAL APPEAL NO. 587 of 2024
With
R/CRIMINAL APPEAL NO. 588 of 2024
With
R/CRIMINAL APPEAL NO. 602 of 2024
With
R/CRIMINAL APPEAL NO. 603 of 2024
==========================================================
MAGANBHAI HARIBHAI VIRANI MANANGING DIRECTOR OF SHRI MOTA
LILYA CREDIT CO.OP. SOCIETY LTD.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
SIDDHARTH R KHESKANI(9483) for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2
MS JIGISHA N RAVAL(12724) for the Opponent(s)/Respondent(s) No. 2
MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 09/02/2026
ORAL ORDER
1. These are acquittal appeals filed under Section 378
of the Code of Criminal Procedure, 1973 (`Cr.P.C. for short)
Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023
(‘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
Page 1 of 3
R/CR.A/582/2024 ORDER DATED: 09/02/2026
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.
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/appeals which
are pending before this Court can be disposed of with a
Page 2 of 3
R/CR.A/582/2024 ORDER DATED: 09/02/2026
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 appeals to the concerned
Sessions Court.
5. In view of the said request, these appeals are
disposed of with a direction to the Registry to transfer the
appeals to the concerned Sessions Court. After they are
transferred to the concerned Sessions Court, they have to be
treated as Appeals under the proviso under Section 413 of
the 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 matters 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 18:31:23
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