BHUPESHKUMAR CHANDULAL TRIVEDIversusSTATE OF GUJARAT

     R/CR.A/1254/2018                                 ORDER DATED: 27/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1254 of 2018

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                    BHUPESHKUMAR CHANDULAL TRIVEDI
                                 Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
MR MEHUL H RATHOD(701) for the Appellant(s) No. 1
MR MANOJ SHRIMALI(2331) for the Opponent(s)/Respondent(s) No. 2
MS MEGHA CHITALIYA, APP for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                             Date : 27/01/2026

                              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) 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 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.



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     R/CR.A/1254/2018                                               ORDER DATED: 27/01/2026




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 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     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 appeal to the concerned

Sessions Court.


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

disposed of with a direction to the Registry to transfer the



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            R/CR.A/1254/2018                                                                 ORDER DATED: 27/01/2026




   appeal, along with the connected application for additional

   evidence,              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.

   The learned Sessions Court shall also consider the application

   for additional evidence. 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

   since the year 2018, the learned lower Appellate Court is

   required to make endeavour to dispose of the matter as

   expeditiously as possible, preferably within a period of two

   years from the date of receipt of the matter.



   7.                     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 27/01/2026 17:52:55




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