SHREE THAKORJI TRADING CO. THROUGH ITS PROPRIETOR SOLANKI PRAKASHKUMAR MAFAJIversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The Court permitted the withdrawal of the application and ordered the connected appeal to be treated as withdrawn, granting liberty to file a fresh appeal within four months without counting the elapsed time as delay.
Summary
The applicant, Shree Thakorji Trading Co. through its proprietor, filed a criminal miscellaneous application under Section 419(4) of the Bharatiya Nagrik Suraksha Sanhita, 2023 seeking leave to appeal an acquittal under Section 138 of the Negotiable Instruments Act. Relying on a recent Gujarat High Court decision (Shivsinh Ganpatsinh Solanki v. State of Gujarat, 23‑12‑2025) which affirmed a complainant’s right to appeal to the Sessions Court under the proviso to Section 372 of the Code (Section 413 of BNSS), the applicant requested to withdraw the present application. The Court granted permission to withdraw, disposed of the application and the connected appeal as withdrawn, and allowed a fresh appeal to be filed within four months, stipulating that the time spent on the withdrawn appeal would not be counted as delay. No merits of the original acquittal were examined.
Issues considered
- The propriety of granting leave to withdraw a criminal miscellaneous application filed under Section 419(4) BNSS.
- Whether the period spent filing the present appeal can be excluded from the limitation period for filing a fresh appeal under the recent precedent.
- The appropriate forum for appealing an acquittal under Section 138 NI Act as per Section 372 of the Code/Section 413 BNSS.
Legislation cited
Subjects
Judgment
R/CR.MA/1404/2026 ORDER DATED: 29/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 1404 of
2026
In
F/CRIMINAL APPEAL/2428/2026
With
F/CRIMINAL APPEAL NO. 2428 of 2026
================================================================
SHREE THAKORJI TRADING CO. THROUGH ITS PROPRIETOR SOLANKI
PRAKASHKUMAR MAFAJI
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR.DIPEN F CHAUDHARI(6740) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 29/01/2026
ORAL ORDER
1. This application is filed under Section 419(4) of the
Bharatiya Nagrik Suraksha Sanhita, 2023 (‘BNSS’ for short)
by the Complainant seeking leave to appeal to challenge the
judgment and order impugned passed by the learned trial
Court, whereby the Ld. Trial Court had acquitted the
Respondent/s-Accused of charge under Section 138 of the
Negotiable Instruments Act, 1881 (hereinafter referred to as
the `NI Act’ for short).
2. Learned advocate for the appellant seeks permission to
withdraw this application, in view of 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
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R/CR.MA/1404/2026 ORDER DATED: 29/01/2026
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 BNSS) to the Court which is
immediately superior in hierarchy i.e., the Sessions Court,
with a liberty to file appropriate appeal under Section 372 of
the Code (Section 413 of BNSS) and prayed that the period
that may be consumed in filing the present appeal, may not
be counted as delay in filing such appeal before the
concerned Court.
3. Permission as prayed for is granted. The present
application as well as the connected appeal are disposed of
as withdrawn, with a liberty to file appropriate appeal/s
before the concerned Court, within a period of four months
from the date of this order. Record and proceedings, if lying
with this Court, be remitted back to the concerned Court
forthwith.
4. It is clarified that the period that may be consumed in
filing the present appeal may not be counted as delay in
filing such appeal before the concerned Court. Moreover, the
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R/CR.MA/1404/2026 ORDER DATED: 29/01/2026
certified copy of the impugned judgment, be handed over to
the applicant/appellant, as per Rules, if asked for. It is open
for the parties to agitate all the grievance before the
concerned Court afresh. It is clarified that this Court has not
gone into the merits of the matter.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 29/01/2026 14:09:33
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