TUSHARKUMAR JAYANTILAL MALVIversusSTATE OF GUJARAT

     R/CR.A/1332/2018                                         ORDER DATED: 13/01/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1332 of 2018
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                             TUSHARKUMAR JAYANTILAL MALVI
                                           Versus
                                STATE OF GUJARAT & ANR.
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Appearance:
MR KAIVAL D PATEL for MR JIGAR G GADHAVI(5613) for the Appellant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 1
URJA B DAVE(7461) for the Opponent(s)/Respondent(s) No. 2
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  CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                     Date : 13/01/2026
                                      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.      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



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     R/CR.A/1332/2018                                                   ORDER DATED: 13/01/2026




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.


3.     In view of the above, learned advocate for the petitioner

requested to transfer the appeal to the concerned Sessions

Court.


4.     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. 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.


5.     Considering          that     the      matter          has        been      pending         for

considerable        time,      the    learned            lower          Appellate      Court        is


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      R/CR.A/1332/2018                                                  ORDER DATED: 13/01/2026




required to make endeavour to dispose of the matter as

expeditiously as possible. In view of the fact that the present

matter is pending since the year 2018, as and when the said

appeal is transferred before the Sessions Court, the Sessions

Court to dispose of the same as expeditiously as possible

preferably within a period of three years.



                                                                      (SANJEEV J.THAKER,J)



Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 13/01/2026 16:20:05




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