FRIENDS OF WOMEN WORLD BANKING INDIAversusSTATE OF GUJARAT

     R/CR.A/191/2015                           ORDER DATED: 13/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 191 of 2015
                             With
               R/CRIMINAL APPEAL NO. 192 of 2015
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                FRIENDS OF WOMEN WORLD BANKING INDIA
                                Versus
                       STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR KH BAXI(150) for the Appellant(s) No. 1
MR MANISH M KAUSHIK(5048) for the Opponent(s)/Respondent(s) No. 2,3,4
MS MEGHA CHITALIYA, APP for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                           Date : 13/04/2026

                             ORAL ORDER


1.             These are the acquittal appeals 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/s and order/s 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 these matters are required to be

transferred in view of the recent decision of this Court



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     R/CR.A/191/2015                                         ORDER DATED: 13/04/2026




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 appeals to the concerned

Sessions Court.



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         R/CR.A/191/2015                                                               ORDER DATED: 13/04/2026




5.                    In view of the said request, these appeals are

disposed of with a direction to the Registry to transfer the

appeals             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/s impugned and record & proceedings, if

lying with this Court, to the concerned lower Appellate Court,

forthwith.


6.                    Considering that the matters have been pending

for considerable time, the learned lower Appellate Court is

required to make endeavour to dispose of the matters as
expeditiously as possible, but preferably within a period of

two years from the date of receipt of this order. It is

clarified that this Court has not gone into the merits of the

matters at this stage.


                                                                                     (SANJEEV J.THAKER,J)
M.H. DAVE/87

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 13/04/2026 14:58:15




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