JIGNESHBHAI NANDALAL VITHALANIversusSTATE OF GUJARAT
- Disposal
- 97-DISPOSED AS TRANSFER TO DISTRICT/SESSION COURT N.I. ACT.
- Bench
- SANJEEV THAKER
Holding
A victim of a Section 138 NI Act offence has a specific right to appeal to the Sessions Court under the proviso of Section 372 of the CrPC, and the pending application is therefore transferred.
Summary
The complainant, a victim of a cheque bounce case under Section 138 of the Negotiable Instruments Act, filed an application under Section 378(4) of the CrPC seeking leave to appeal against the trial court’s acquittal of the accused. The High Court, having already condoned the delay, referred to its recent decision in Shivsinh Ganpatsinh Solanki v. State of Gujarat, which affirmed that a victim has a specific right to appeal under the proviso of Section 372 of the CrPC to the Sessions Court. Relying on that precedent and the Supreme Court’s judgment in Celestium Financial v. A. Gyanasekaran (2025 INSC 804), the Court ordered the transfer of the appeal to the appropriate Sessions Court. No merits of the underlying cheque‑bounce case were examined. The order directs the Registry to forward the complete record to the Sessions Court, where the appeal will be treated as an appeal under Section 372.
Issues considered
- The complainant’s right, as a victim, to appeal an acquittal in a Section 138 NI Act case under the proviso of Section 372 of the CrPC.
- Whether the leave‑to‑appeal application pending before the High Court should be transferred to the Sessions Court.
Legislation cited
- Code of Criminal Procedure, 1973s. 372, s. 378, s. 413
- Negotiable Instruments Act, 1881s. 138
Subjects
Judgment
R/CR.MA/5820/2023 ORDER DATED: 27/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 5820 of
2023
In R/CRIMINAL APPEAL/831/2023
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JIGNESHBHAI NANDALAL VITHALANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ROHITKUMAR R SHARMA(12025) for the Applicant(s) No. 1
MR PADMRAJ K JADEJA(2095) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 27/02/2026
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). It is noted that this Court has
already condoned the delay in filing the appeal.
2. 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
Page 1 of 3
R/CR.MA/5820/2023 ORDER DATED: 27/02/2026
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 to the Court which is immediately superior
in hierarchy i.e., the Sessions Court. Therefore, the
applications for leave to appeal/appeals which are pending
before this Court can be disposed of with a direction to
transfer the said application/appeal to the concerned Sessions
Court.
3. In view of the above, learned advocate for the petitioner
requested to transfer the application/appeal to the concerned
Sessions Court.
4. In view of the said request, this application/appeal is/are
disposed of with a direction to the Registry to transfer the
application/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.
Page 2 of 3
R/CR.MA/5820/2023 ORDER DATED: 27/02/2026
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.
5. It is clarified that this Court has not gone into the merits
of the matter at this stage.
(SANJEEV J.THAKER,J)
URIL RANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 27/02/2026 16:20:36
Page 3 of 3
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