RAKESHBHAI RATILAL PATELversusPUSHPABEN KANUBHAI DESAI

     R/CR.A/1261/2017                                    ORDER DATED: 16/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1261 of 2017

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                           RAKESHBHAI RATILAL PATEL
                                    Versus
                        PUSHPABEN KANUBHAI DESAI & ANR.
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Appearance:
MR DHRUV K DAVE(6928) for the Appellant(s) No. 1
MR NILESH A PANDYA(549) for the Opponent(s)/Respondent(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 2
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 16/04/2026

                                 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

transferred in view of the recent decision of this Court



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     R/CR.A/1261/2017                                           ORDER DATED: 16/04/2026




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

Sessions Court.



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        R/CR.A/1261/2017                                                               ORDER DATED: 16/04/2026




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, but preferably within a period of

two years from the date of receipt of this order. It is

clarified that this Court has not gone into the merits of the

matter at this stage.


                                                                                     (SANJEEV J.THAKER,J)
M.H. DAVE/93

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2026 15:23:00




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