[Cites 4, Cited by 0]
Gujarat High Court
Patel Devendrakumar Vishnubhai vs State Of Gujarat on 27 January, 2026
NEUTRAL CITATION
R/CR.MA/11922/2025 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. 11922
of 2025
In
F/CRIMINAL APPEAL/21325/2025
With
F/CRIMINAL APPEAL NO. 21325 of 2025
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PATEL DEVENDRAKUMAR VISHNUBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MS MEGHA CHITTALIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 27/01/2026
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 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
NEUTRAL CITATION
R/CR.MA/11922/2025 ORDER DATED: 27/01/2026
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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.
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
NEUTRAL CITATION
R/CR.MA/11922/2025 ORDER DATED: 27/01/2026
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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. It is clarified that this Court has not
gone into the merits of the matter.
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.
(SANJEEV J.THAKER,J)
Manoj Kumar Rai
