High Court of Gujarat

LAXMI TRACTORS THROUGH BIRBALKUMAR DHARICHAND SINGversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The High Court allowed the withdrawal of the condonation application and ordered the appeal to be filed within four months, with the delay to be considered later.

Summary

The applicant sought condonation of a 458‑day delay in filing a criminal appeal against an acquittal. The counsel requested to withdraw the application, relying on a recent Gujarat High Court decision (Shivsinh Ganpatsinh Solanki v. State of Gujarat & Anr., 23‑12‑2025) which, following Supreme Court precedents such as Celestium Financial v. A. Gyanasekaran (2025 INSC 804), held that a complainant under Section 138 of the Negotiable Instruments Act has a specific right to appeal under the proviso to Section 372 of the CrPC (Section 413 of the BNSS). The court granted permission to withdraw the condonation application and disposed of the connected appeal as withdrawn, allowing the appellant four months to file the appropriate appeal before the Sessions Court. The court clarified that the 458‑day delay will be assessed only when the appeal is filed before the Sessions Court, not at the present stage. A certified copy of the impugned judgment may be provided upon request.

Issues considered

The propriety of granting condonation of a 458‑day delay in filing a criminal appeal under Section 372 of the CrPC.
Whether the applicant may withdraw the condonation application based on the recent precedent concerning the complainant's right to appeal under Section 138 of the NI Act.

Legislation cited

Code of Criminal Procedures. 372, s. 413
Negotiable Instruments Acts. 138

Subjects

condonation of delaycriminal appealSection 138 NI ActSection 372 CrPCright to appealwithdrawal of applicationprocedural law

Judgment

     R/CR.MA/23711/2025                                           ORDER DATED: 13/01/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         23711 of 2025
                              In
            F/CRIMINAL MISC.APPLICATION/45039/2025
                              In
                 F/CRIMINAL APPEAL/45042/2025
================================================================
             LAXMI TRACTORS THROUGH BIRBALKUMAR DHARICHAND SING
                                         Versus
                             STATE OF GUJARAT & ANR.
==============================================================================
Appearance:
MR MAHESH K POOJARA(5879) for the Applicant(s) No. 1
MR M K GOSWAMI for MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
================================================================
  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
                   Date : 13/01/2026
                    ORAL ORDER

1.      This is an application for condonation of delay of 458

days in preferring the Criminal Appeal against the impugned

judgment and order of acquittal passed by the learned trial

Court.


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
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




                                         Page 1 of 2
     R/CR.MA/23711/2025                                                  ORDER DATED: 13/01/2026




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.      In view of              the     above,         permission as            prayed        for is

granted. The present application/s as well as the connected

appeal are disposed of as withdrawn, with a liberty to file

appropriate          appeal        before        the     concerned         Court,        within       a

period of four months from the date of receipt of copy of this

order. While considering the delay, the period from which the

present appeal is filed, till the time this appeal is disposed

of, will not be considered in the aspect of considering the

delay in filing appeal under section 372 of the Code (Section

413 of BNSS). The Appellate Court will have to take into

consideration the delay of 458 days at the time when the

said appeal is filed before the concerned Sessions Court. The

certified copy of the impugned judgment, be handed over to

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



                                                                      (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 13/01/2026 16:17:23

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