SUMIT KALURAM RASTOGIversusSANJAY VASANTLAL JARIWALA

     R/CR.A/1129/2023                                     ORDER DATED: 11/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1129 of 2023

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                             SUMIT KALURAM RASTOGI
                                      Versus
                        SANJAY VASANTLAL JARIWALA & ANR.
==========================================================
Appearance:
MR JAYDEVSINH CHUDASAMA(13128) for the Appellant(s) No. 1
MR PREM D DAVE(10958) for the Appellant(s) No. 1
BAILABLE WARRANT NOT RECEIVED BACK for the
Opponent(s)/Respondent(s) No. 1
MS ASMITA PATEL, APP for the Opponent(s)/Respondent(s) No. 2
RULE SERVED for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 11/02/2026

                                  ORAL ORDER


1.             This is an acquittal appeal filed under Section 378

of the Code of Criminal Procedure, 1973 (hereinafter referred

to as `the Code’ for short) / under Section 419 of the

Bharatiya        Nagrik       Suraksha         Sanhita,    2023       (hereinafter

referred to as ‘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

Negotiable Instruments Act, 1881 (hereinafter referred to as

the `NI Act’ for short).



2.             Heard learned advocate for the parties. Learned

APP     has     submitted       that    this     matter   is   required       to    be



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     R/CR.A/1129/2023                                           ORDER DATED: 11/02/2026




transferred in view of the recent decision of this Court

passed in Criminal Misc. Application No.12753 of 2019 with

Criminal Misc. Application No.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/appeal(s) which

are pending before this Court can be disposed of with a

direction       to    transfer       the    said     application/appeal(s)        to      the

concerned Sessions Court.


4.               In view of the above, learned advocate for the

petitioner requested to transfer the appeal to the concerned



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           R/CR.A/1129/2023                                                                 ORDER DATED: 11/02/2026




   Sessions Court.


   5.                     In      view          of      the        said         request,            this        appeal            is

   disposed of with a direction to the Registry to transfer the

   appeal            to        the        concerned               Sessions              Court.            After          it       is

   transferred to the concerned Sessions Court, it has to be

   treated as an Appeal under the proviso under Section 372 of

   the Code / Section 413 of 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.                     Considering that the matter has been pending for

   considerable                time,          the        learned            lower          Appellate              Court           is
   required to make endeavour to dispose of the matter as

   expeditiously as possible. It is clarified that this Court has

   not gone into the merits of the matter 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 11/02/2026 17:20:46




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