PINAKIN KANUBHAI MUKHIversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The High Court permitted the withdrawal of the leave‑to‑appeal application, disposed of it as withdrawn, and granted a four‑month window to file a fresh appeal without counting the elapsed time as delay.
Summary
The complainant filed an application under Section 378(4) of the CrPC seeking leave to appeal the trial court’s acquittal of the accused under Section 138 of the Negotiable Instruments Act. The applicant sought to withdraw the application in view of a recent Gujarat High Court decision (Shivsinh Ganpatsinh Solanki v. State of Gujarat) which clarified the complainant’s specific right to appeal under the proviso to Section 372 of the CrPC (Section 413 of the BNSS). The Court granted permission to withdraw the application, disposed of it as withdrawn, and allowed the applicant to file a fresh appeal before the Sessions Court within four months, stating that the time spent on the present application will not be counted as delay. The order also directed that the record be remitted to the concerned court and that a certified copy of the impugned judgment be provided if requested. No merits of the original acquittal were examined.
Issues considered
- The propriety of allowing the applicant to withdraw the leave‑to‑appeal application under Section 378(4) CrPC.
- Whether the period spent filing the withdrawn application can be counted as delay for a subsequent appeal.
- The complainant’s right to appeal an acquittal under Section 138 NI Act pursuant to the proviso of Section 372 CrPC (Section 413 BNSS).
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378(4), s. 413
- Negotiable Instruments Act, 1881s. 138
Subjects
Judgment
R/CR.MA/14655/2025 ORDER DATED: 30/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 14655
of 2025
In F/CRIMINAL APPEAL/26018/2025
With
F/CRIMINAL APPEAL NO. 26018 of 2025
==========================================================
PINAKIN KANUBHAI MUKHI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS HASTEE DOSHI FOR MR NIGAM D SONI(9314) for the Applicant(s) No.
1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 30/01/2026
ORAL ORDER
1. This application is filed under Section 378(4) of
the Code of Criminal Procedure, 1973 (“Code or CrPC”) 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
Page 1 of 3
R/CR.MA/14655/2025 ORDER DATED: 30/01/2026
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 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.
Page 2 of 3
R/CR.MA/14655/2025 ORDER DATED: 30/01/2026
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 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 grievances
before the concerned Court afresh.
5. It is clarified that this Court has not gone into
the merits of the matter at this stage.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/01/2026 15:24:54
Page 3 of 3
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