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 appeals are to be transferred to the Sessions Court, as the complainant’s statutory right of appeal under Section 413 BNSS (and the proviso to Section 372 CrPC) lies there.
Summary
The trial court acquitted Maganbhai Haribhai Virani, 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 multiple appeals under Section 378 of the CrPC and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, challenging the acquittal. The High Court, citing its own recent decision in Shivsinh Ganpatsinh Solanki v State of Gujarat (Cr Misc App Nos 12753/2019 & 12908/2019, 23‑12‑2025) and the Supreme Court’s judgment in Celestium Financial v A. Gyanasekaran (2025 INSC 804), held that a complainant‑victim’s right to appeal under the proviso of Section 372 CrPC/Section 413 BNSS lies with the Sessions Court. Consequently, the High Court did not consider the merits and ordered the appeals to be transferred to the appropriate Sessions Court with the complete case record. The order disposes of the appeals pending before the High Court, directing their transfer.
Issues considered
- Whether the High Court has jurisdiction to entertain appeals against acquittal under Section 138 NI Act or whether such appeals must be filed in the Sessions Court under the proviso of Section 372 CrPC/Section 413 BNSS.
Legislation cited
- Code of Criminal Procedure, 1973s. Section 372, s. Section 378
- Negotiable Instruments Act, 1881s. Section 138
Subjects
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
Page 3 of 3
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.