Joshi Nitinkumar Babulal vs State Of Gujarat
2026 Latest Caselaw 277 Guj

Gujarat High Court

Joshi Nitinkumar Babulal vs State Of Gujarat on 27 January, 2026

                                                                                                                          NEUTRAL CITATION




                            R/CR.MA/10217/2025                                              ORDER DATED: 27/01/2026

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                        R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 10217
                                                    of 2025
                                                       In
                                         F/CRIMINAL APPEAL/14821/2025
                                                     With
                                      F/CRIMINAL APPEAL NO. 14821 of 2025
                       ================================================================
                                                        JOSHI NITINKUMAR BABULAL
                                                                   Versus
                                                         STATE OF GUJARAT & ANR.
                       ================================================================
                       Appearance:
                       MR DK CHAUDHARI(5361) for the Applicant(s) No. 1
                       MS MEGHA CHITTALIYA, APP for the Respondent(s) No. 1
                       ================================================================
                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                             Date : 27/01/2026
                                                              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. 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. Application No.12908 of 2019.

NEUTRAL CITATION

R/CR.MA/10217/2025 ORDER DATED: 27/01/2026

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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 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.

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

NEUTRAL CITATION

R/CR.MA/10217/2025 ORDER DATED: 27/01/2026

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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.

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.

(SANJEEV J.THAKER,J)

Manoj Kumar Rai