MARWADI SHARES & FINANCE LIMITED THROUGH KETAN KAMLESHBHAI NAYAKversusSTATE OF GUJARAT

     R/CR.A/1746/2017                                  ORDER DATED: 12/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1746 of 2017

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        MARWADI SHARES & FINANCE LIMITED THROUGH KETAN
                     KAMLESHBHAI NAYAK
                             Versus
                   STATE OF GUJARAT & ANR.
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Appearance:
MR. HJ KARATHIYA(7012) for the Appellant(s) No. 1
MR ASHISH M DAGLI(2203) for the Opponent(s)/Respondent(s) No. 2
MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                              Date : 12/03/2026

                               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/1746/2017                                           ORDER DATED: 12/03/2026




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/1746/2017                                                              ORDER DATED: 12/03/2026




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. 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

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 12/03/2026 15:26:33




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