Amit Jayrambhai Ubhdiya vs Vaghela Bhaveshbhai Chhaganbhai
2026 Latest Caselaw 76 Guj

Gujarat High Court

Amit Jayrambhai Ubhdiya vs Vaghela Bhaveshbhai Chhaganbhai on 16 January, 2026

                                                                                                                         NEUTRAL CITATION




                            R/CR.MA/20122/2024                                             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. 20122
                                                  of 2024

                                                 In F/CRIMINAL APPEAL/37266/2024

                      ==========================================================
                                             AMIT JAYRAMBHAI UBHDIYA
                                                      Versus
                                      VAGHELA BHAVESHBHAI CHHAGANBHAI & ANR.
                      ==========================================================
                      Appearance:
                      MR NISHITH P THAKKAR(2836) for the Applicant(s) No. 1
                      MS MEGHA CHITALIA, APP for the Respondent(s) No. 2
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                            Date : 16/01/2026

                                                                 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

NEUTRAL CITATION

R/CR.MA/20122/2024 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.

NEUTRAL CITATION

R/CR.MA/20122/2024 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.

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. It is clarified that this

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

stage.

(SANJEEV J.THAKER,J) URIL RANA