Bhagvanbhai Lakshmanbhai Dobariya vs State Of Gujarat
2026 Latest Caselaw 68 Guj

Gujarat High Court

Bhagvanbhai Lakshmanbhai Dobariya vs State Of Gujarat on 16 January, 2026

                                                                                                                          NEUTRAL CITATION




                             R/CR.MA/18396/2024                                            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. 18396
                                                   of 2024

                                                    In F/CRIMINAL APPEAL/34228/2024

                                                              With
                                                F/CRIMINAL APPEAL NO. 34228 of 2024
                        ==========================================================
                                             BHAGVANBHAI LAKSHMANBHAI DOBARIYA
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                        ==========================================================
                        Appearance:
                        G K VAGHANI(7830) for the Applicant(s) No. 1
                        MS MEGHA CHITALIYA, APP for the Respondent No.1 - State
                        ==========================================================

                           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 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

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R/CR.MA/18396/2024 ORDER DATED: 16/01/2026

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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.

4. It is clarified that the period that may be

NEUTRAL CITATION

R/CR.MA/18396/2024 ORDER DATED: 16/01/2026

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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. It is clarified that this Court has not gone into

the merits of the matter at this stage.

(SANJEEV J.THAKER,J) M.H. DAVE