RAJKOT NAGARIK SAHAKARI BANK, SURENDRANAGAR BRANCH THRO HIREN RASIKBHAI JADAVversusSTATE OF GUJARAT

     R/CR.A/1283/2024                                      ORDER DATED: 09/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1283 of 2024

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RAJKOT NAGARIK SAHAKARI BANK, SURENDRANAGAR BRANCH THRO
                  HIREN RASIKBHAI JADAV
                          Versus
                 STATE OF GUJARAT & ANR.
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Appearance:
MR PREMAL S RACHH(3297) for the Appellant(s) No. 1
MS DHWANI TRIPATHI, ADDITIONAL PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                               Date : 09/02/2026

                                   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) 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/1283/2024                                             ORDER DATED: 09/02/2026




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 appeal to the



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         R/CR.A/1283/2024                                                        ORDER DATED: 09/02/2026




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.         It is clarified that this Court has not gone into the

merits of the matter at this stage.



                                                                                (SANJEEV J.THAKER,J)
Bharat




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KOSHTI BHARATKUMAR(HC01064), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 18:26:39




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