HARESHBHAI RAGHAVJIBHAI VARIYAversusSTATE OF GUJARAT
- Disposal
- 97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.
- Bench
- SANJEEV THAKER
Holding
The appeal is to be transferred to the Sessions Court as the victim‑complainant’s right to appeal under the proviso of Section 372 of the Code of Criminal Procedure and Section 413 of the BNSS supersedes the High Court’s jurisdiction.
Summary
The complainant appealed an acquittal of the accused under Section 138 of the Negotiable Instruments Act. The trial court had acquitted the accused, and the appeal was filed under Section 378 of the Code of Criminal Procedure, 1973 and Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023. The High Court, referring to its own recent decision in Shivsinh Ganpatsinh Solanki v. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019, 2025) and the Supreme Court’s ruling in M/s Celestium Financial v. A. Gyanasekaran (2025 INSC 804), held that a victim‑complainant has a specific right to appeal under the proviso of Section 372 of the Code and Section 413 of the BNSS to the Sessions Court. Consequently, the High Court disposed of the appeal by directing its transfer to the appropriate Sessions Court without examining the merits. The order also instructed the Registry to transfer the complete case record and urged the lower court to dispose of the matter expeditiously.
Issues considered
- The jurisdiction of the High Court to entertain an appeal against acquittal under Section 138 NI Act versus the victim‑complainant’s right to appeal under the proviso of Section 372 CrPC/Section 413 BNSS.
- Whether the appeal should be transferred to the Sessions Court as per the precedent.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378
- Negotiable Instruments Act, 1881s. 138
Subjects
Judgment
R/CR.A/1853/2023 ORDER DATED: 26/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1853 of 2023
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HARESHBHAI RAGHAVJIBHAI VARIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ADITYA P MISTRI(11315) for the Appellant(s) No. 1
MS MEGHA CHITALIYA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 26/02/2026
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) / 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
passed in Criminal Misc. Application No.12753 of 2019 with
Page 1 of 3
R/CR.A/1853/2023 ORDER DATED: 26/02/2026
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.
Page 2 of 3
R/CR.A/1853/2023 ORDER DATED: 26/02/2026
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/S/101
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 26/02/2026 15:08:22
Page 3 of 3
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