[Cites 3, Cited by 0]
Gujarat High Court
Suraksha Realty Limited Thro Jagdish ... vs State Of Gujarat on 19 January, 2026
NEUTRAL CITATION
R/CR.A/1020/2025 ORDER DATED: 19/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1020 of 2025
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SURAKSHA REALTY LIMITED THRO JAGDISH KHER
Versus
STATE OF GUJARAT & ORS.
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Appearance:
PRANAV D THAKKAR(8501) for the Appellant(s) No. 1
VIJAYKUMAR B LIMBACHIYA(8763) for the Appellant(s) No. 1
MR MANISH J PATEL(2131) for the Opponent(s)/Respondent(s) No. 3
MS. MANUSHI M PATEL(16278) for the Opponent(s)/Respondent(s) No. 3
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 19/01/2026
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) 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. 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
NEUTRAL CITATION
R/CR.A/1020/2025 ORDER DATED: 19/01/2026
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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 appeal to the concerned Sessions
Court.
4. 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.
NEUTRAL CITATION
R/CR.A/1020/2025 ORDER DATED: 19/01/2026
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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 as
expeditiously as possible.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
