SUTHAR NATUBHAI GALBABHAIversusSTATE 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 complainant has a specific right to appeal there under the proviso of Section 372 CrPC/Section 413 BNSS.
Summary
The appellant filed an appeal under Section 378 of the CrPC and Section 419 of the BNSS against the trial court's acquittal of the accused under Section 138 of the Negotiable Instruments Act. The appellant sought transfer of the appeal to the Sessions Court, invoking a recent decision of this Court that a complainant‑victim has a specific right to appeal under the proviso of Section 372 CrPC/Section 413 BNSS. The High Court examined the precedent set in Shivsinh Ganpatsinh Solanki v. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019, 23‑12‑2025) and the Supreme Court’s ruling in M/s Celestium Financial v. A. Gyanasekaran (2025 INSC 804). It held that the appeal must be heard by the Sessions Court, not the High Court. Consequently, the appeal was disposed of with a direction to transfer the entire record to the appropriate Sessions Court for further disposal, without addressing the merits of the case.
Issues considered
- The appropriate forum for an appeal by a complainant under Section 138 NI Act – High Court or Sessions Court – pursuant to the proviso of Section 372 CrPC/Section 413 BNSS.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378
- Negotiable Instruments Act, 1881s. 138
Subjects
Judgment
R/CR.A/594/2015 ORDER DATED: 10/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 594 of 2015
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SUTHAR NATUBHAI GALBABHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MAHENDRA U VORA(3034) for the Appellant(s) No. 1
MS. MEGHA CHITALIYA, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 10/02/2026
ORAL ORDER
After the order of dismissal for want of prosecution was
passed, but before signing the same, learned advocate for the
appellant sought an apology for not remaining present and request
to transfer the matter to the Sessions Court. Hence, the following
order was passed;
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).
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R/CR.A/594/2015 ORDER DATED: 10/02/2026
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 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/594/2015 ORDER DATED: 10/02/2026
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. 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)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 11/02/2026 17:23:51
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