Rk Biofeed Equipments Thro Kapilkumar ... vs Elina Solution Pvt Ltd
2026 Latest Caselaw 265 Guj

Gujarat High Court

Rk Biofeed Equipments Thro Kapilkumar ... vs Elina Solution Pvt Ltd on 27 January, 2026

                                                                                                                     NEUTRAL CITATION




                            R/CR.A/1113/2025                                        ORDER DATED: 27/01/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1113 of 2025

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                             RK BIOFEED EQUIPMENTS THRO KAPILKUMAR CHAMANSINH
                                                     Versus
                                         ELINA SOLUTION PVT LTD & ORS.
                      ==========================================================
                      Appearance:
                      MR PM DAVE(263) for the Appellant(s) No. 1
                      MR.SAFWANKHAN M SINDHI(9889) for the Appellant(s) No. 1
                      MS. REKHA NAIR(17197) for the Opponent(s)/Respondent(s) No. 1,2,3
                      MS MEGHA CHITALIA, APP for the Opponent(s)/Respondent(s) No. 4
                      SHRIJIT G PILLAI(7937) for the Opponent(s)/Respondent(s) No. 1,2,3
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                          Date : 27/01/2026

                                                            ORAL ORDER

1. This is an acquittal appeal filed under Section 419

of the Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter

referred to as 'BNSS' 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. Heard learned advocate for the parties. Learned APP has

submitted that this matter is required to be transferred in

view of the recent decision of this Court passed in Criminal

Misc. Application No.12753 of 2019 with Criminal Misc.

NEUTRAL CITATION

R/CR.A/1113/2025 ORDER DATED: 27/01/2026

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Application No.12908 of 2019.

3. 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

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 the BNSS 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.

4. In view of the above, learned advocate for the

petitioner requested to transfer the appeal to the concerned

Sessions Court.

NEUTRAL CITATION

R/CR.A/1113/2025 ORDER DATED: 27/01/2026

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5. 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 413 of

the 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.

6. 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. It is clarified that this Court has not gone into the merits of the matter at this stage.

(SANJEEV J.THAKER,J) URIL RANA