JAYESHBHAI BACHUBHAI PATELversusSTATE OF GUJARAT

     R/CR.MA/23553/2025                                             ORDER DATED: 29/01/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 23553
                            of 2025
                               In
                 F/CRIMINAL APPEAL/43122/2025
                             With
              F/CRIMINAL APPEAL NO. 43122 of 2025
================================================================
                          JAYESHBHAI BACHUBHAI PATEL
                                     Versus
                            STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR PADMRAJ K JADEJA(2095) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                      Date : 29/01/2026
                                       ORAL ORDER

1.      This application is filed under Section 378(4) of the

Code of Criminal Procedure, 1973 (“Code or CrPC”) by the

Complainant            seeking        leave        to    appeal     to    challenge           the

judgment and order impugned passed by the learned trial

Court,      whereby        the    Ld.      Trial        Court      had      acquitted         the

Respondent/s-Accused             of     charge          under     Section     138    of       the

Negotiable Instruments Act, 1881 (hereinafter referred to as

the `NI Act’ for short).



2.      Learned advocate for the appellant seeks permission to

withdraw        this      application,        in    view     of    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



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     R/CR.MA/23553/2025                                              ORDER DATED: 29/01/2026




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    BNSS)             to    the    Court       which         is

immediately superior in hierarchy i.e., the Sessions Court,

with a liberty to file appropriate appeal under Section 372 of

the Code (Section 413 of BNSS) and prayed that the period

that may be consumed in filing the present appeal, may not

be    counted        as    delay      in     filing        such      appeal     before         the

concerned Court.


3.      Permission         as    prayed         for      is    granted.       The     present

application as well as the connected appeal are disposed of

as withdrawn, with a liberty to file appropriate appeal/s

before the concerned Court, within a period of four months

from the date of this order. Record and proceedings, if lying

with this Court, be remitted back to the concerned Court

forthwith.



4.      It is clarified that the period that may be consumed in

filing the present appeal may not be counted as delay in

filing such appeal before the concerned Court. Moreover, the



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       R/CR.MA/23553/2025                                                 ORDER DATED: 29/01/2026




 certified copy of the impugned judgment, be handed over to

 the applicant/appellant, as per Rules, if asked for. It is open

 for     the       parties      to    agitate        all      the    grievance         before        the

 concerned Court afresh. It is clarified that this Court has not

 gone into the merits of the matter.



                                                                       (SANJEEV J.THAKER,J)



 Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 29/01/2026 14:16:41




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