[Cites 2, Cited by 0]
Gujarat High Court
M/S. Gopinath Enterprise Pvt Ltd Thro ... vs State Of Gujarat on 16 January, 2026
NEUTRAL CITATION
R/CR.MA/18991/2024 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. 18991
of 2024
In F/CRIMINAL APPEAL/36076/2024
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M/S. GOPINATH ENTERPRISE PVT LTD THRO MANISHKUMAR
RAMLAKHAN AGRAWAL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
PRANAV D THAKKAR(8501) for the Applicant(s) No. 1
VIJAYKUMAR B LIMBACHIYA(8763) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 3,4,5
NOTICE UNSERVED for the Respondent(s) No. 2
MS MEGHA CHITALIA, APP for the Respondent(s) No. 1
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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
NEUTRAL CITATION
R/CR.MA/18991/2024 ORDER DATED: 16/01/2026
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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/18991/2024 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
