Lilaben Ganeshbhai Pateliya vs State Of Gujarat
2026 Latest Caselaw 130 Guj

Gujarat High Court

Lilaben Ganeshbhai Pateliya vs State Of Gujarat on 19 January, 2026

                                                                                                                        NEUTRAL CITATION




                           R/CR.MA/16617/2024                                            ORDER DATED: 19/01/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               16617 of 2024

                                       In F/CRIMINAL MISC.APPLICATION/31202/2024
                                             In F/CRIMINAL APPEAL/31203/2024

                                                       With
                                    F/CRIMINAL MISC.APPLICATION NO. 31202 of 2024
                                                         In
                                         F/CRIMINAL APPEAL NO. 31203 of 2024
                      ==========================================================
                                                 LILABEN GANESHBHAI PATELIYA
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR ANVESH V VYAS(5654) for the Applicant(s) No. 1
                      MR. HEMANG K SONI(15634) for the Applicant(s) No. 1
                      MR YUVRAJ D BRAHMBHATT, APP for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                            Date : 19/01/2026

                                                             ORAL ORDER

1. This application for condonation of delay of 501

days and the Criminal Misc. Application are 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

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R/CR.MA/16617/2024 ORDER DATED: 19/01/2026

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permission to withdraw the applications, 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 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

applications 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

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R/CR.MA/16617/2024 ORDER DATED: 19/01/2026

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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 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. It is clarified that this

Court has not gone into the merits of the matter at this stage.

(SANJEEV J.THAKER,J) URIL RANA