PROPRIETOR OF JAN KALYAN FINANCE, RAJESH LAXMAN GAVADE THRO NAYNA RAJESH GAVDEversusSTATE OF GUJARAT

      R/CR.MA/9189/2023                                        ORDER DATED: 24/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9189 of
                            2023

                          In R/CRIMINAL APPEAL/1143/2023

                                    With
                      R/CRIMINAL APPEAL NO. 1143 of 2023
==========================================================
     PROPRIETOR OF JAN KALYAN FINANCE, RAJESH LAXMAN GAVADE
                    THRO NAYNA RAJESH GAVDE
                              Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
HARSHADKUMAR D PANCHAL(9015) for the Applicant(s) No. 1
MR.O K BAROT(7056) for the Respondent(s) No. 2
MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 24/04/2026

                                      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


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     R/CR.MA/9189/2023                                         ORDER DATED: 24/04/2026




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.




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        R/CR.MA/9189/2023                                                               ORDER DATED: 24/04/2026




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 grievance

before the concerned Court afresh.



5.                    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, if so

filed, as expeditiously as possible.


6.                    It is clarified that this Court has not gone into

the merits of the matter at this stage.


                                                                                     (SANJEEV J.THAKER,J)
M.H. DAVE/18

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2026 14:58:40




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