SURENDRAKUMAR HIMMATLAL SHAHversusSTATE OF GUJARAT

      R/CR.A/658/2012                                     ORDER DATED: 16/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL APPEAL NO. 658 of 2012

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                        SURENDRAKUMAR HIMMATLAL SHAH
                                    Versus
                           STATE OF GUJARAT & ANR.
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Appearance:
MR MP SHAH(2418) for the Appellant(s) No. 1
MS. KRUTI M SHAH(2428) for the Appellant(s) No. 1
MS. KRINA CALLA, 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 : 16/02/2026

                                  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



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     R/CR.A/658/2012                                         ORDER DATED: 16/02/2026




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/658/2012                                                    ORDER DATED: 16/02/2026




 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 17/02/2026 12:52:06




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