Manishkumar Jamnadas Shah Proprietor ... vs State Of Gujarat
2026 Latest Caselaw 58 Guj

Gujarat High Court

Manishkumar Jamnadas Shah Proprietor ... vs State Of Gujarat on 16 January, 2026

                                                                                                                       NEUTRAL CITATION




                            R/CR.MA/12062/2025                                           ORDER DATED: 16/01/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 12062
                                                  of 2025

                                                 In F/CRIMINAL APPEAL/18178/2025

                                                           With
                                             F/CRIMINAL APPEAL NO. 18178 of 2025
                      ==========================================================
                           MANISHKUMAR JAMNADAS SHAH PROPRIETOR OF MAHESHWARI
                                    CIMENT DEPO. (PROPRIETORSHIOP FIRM)
                                                    Versus
                                          STATE OF GUJARAT & ORS.
                      ==========================================================
                      Appearance:
                      MR PREM K SHAH FOR MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
                      MR PRADIP J PATEL(5896) for the Respondent(s) No. 2,3
                      MS MEGHA CHITALIA, APP for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                            Date : 16/01/2026

                                                                 ORAL ORDER

1. This application is filed under Section 419(4) of

the Bharatiya Nagrik Suraksha Sanhita, 2023 ('BNSS' for

short) 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 under

instructions seeks permission to withdraw this application, in

view of the latest decision rendered by this Court in the case

NEUTRAL CITATION

R/CR.MA/12062/2025 ORDER DATED: 16/01/2026

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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 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.

NEUTRAL CITATION

R/CR.MA/12062/2025 ORDER DATED: 16/01/2026

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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. It is clarified that this

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

stage. Notice is discharged.

(SANJEEV J.THAKER,J) URIL RANA