ATUL RASIKLAL SHAHversusSTATE OF GUJARAT

      R/CR.A/128/2010                                     ORDER DATED: 21/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL APPEAL NO. 128 of 2010

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                              ATUL RASIKLAL SHAH
                                     Versus
                            STATE OF GUJARAT & ANR.
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Appearance:
MR DHAVAL N VAKIL(3556) for the Appellant(s) No. 1
MR.MRUDUL M BAROT(3750) for the Opponent(s)/Respondent(s) No. 2
MS DHWANI TRIPATHI, APP for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 21/01/2026

                                  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/128/2010                                             ORDER DATED: 21/01/2026




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/128/2010                                                                ORDER DATED: 21/01/2026




   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.

   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 2010, the learned lower Appellate Court is

   required to make endeavour to dispose of the matter as

   expeditiously as possible, preferably within a period of six

   months 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 21/01/2026 13:43:34




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