JAYANTIBHAI JOITARAM PATELversusSTATE OF GUJARAT

     R/CR.A/2316/2023                                ORDER DATED: 26/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2316 of 2023

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                        JAYANTIBHAI JOITARAM PATEL
                                   Versus
                          STATE OF GUJARAT & ORS.
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Appearance:
MS DEVANSHI KAKKAD for MR RATHIN P RAVAL(5013) for the
Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No.
2,3,4,5,6,7
MALAY S PATEL(8901) for the Opponent(s)/Respondent(s) No. 3,4,5,6
MS MEGHA CHITALIYA, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2,7
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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




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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

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



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         R/CR.A/2316/2023                                                               ORDER DATED: 26/02/2026




 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       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/108


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 15:08:47




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