MAGANBHAI HARIBHAI VIRANI, MANAGING DIRECTOR OF MOTA LILYA CREDIT CO. OP. SOCIETY LTDversusSTATE OF GUJARAT

      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



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      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



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           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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