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NEUTRAL CITATION

R/CR.A/1973/2022 JUDGMENT DATED: 10/07/2026

0.8365432690504432

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1973 of 2022

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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Approved for Reporting Yes No

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D.S. CREDIT COOP. SOCIETY LTD. THROUGH AJAY SHIVKUMAR

MISHRA

Versus

STATE OF GUJARAT & ANR.

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Appearance:

MR. ASHOK L. CHAUHAN(14049) for the Appellant(s) No. 1

MR. NILAY THAKOR(14166) for the Appellant(s) No. 1

AAKASH D MODI(7449) for the Opponent(s)/Respondent(s) No. 2

BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 2

MR UT MISHRA(3605) for the Opponent(s)/Respondent(s) No. 2

MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the

Opponent(s)/Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK

Date : 10/07/2026

JUDGMENT

1. The present appeal is filed by the appellant – original

complainant under Section 378 of the Criminal Procedure Code, 1973

(hereinafter referred to as ‘the Code’ for short) / under Section 419 of

the Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to

as ‘BNSS’ for short) against the judgment and order dated 05.08.2022

passed by the learned Additional Chief Metropolitan Magistrate, Court

No.31, Ahmedabad (hereinafter be referred to as “the Trial Court),

whereby the learned trial Court had acquitted the respondent/s -

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NEUTRAL CITATION

R/CR.A/1973/2022 JUDGMENT DATED: 10/07/2026

0.8365432690504432

accused for the offence under Section 138 of the Negotiable

Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’ for

short).

2. Heard learned counsel appearing for the respective parties.

3. Learned Additional Public Prosecutor for respondent – State of

Gujarat and learned counsel for the respondent/s - accused have

submitted that this matter is required to be transferred in view of the

recent decision of the Hon’ble Supreme Court in the case of

Celestium Financial Vs. A.Gnanasekaran Etc. reported in 2025

(3) GLH 747 wherein the Hon’ble Supreme Court has held that the

original complainant to be considered as a victim of the offence under

Section 138 of the Act and, therefore, the complainant has right to file

an appeal under Section 372 of the Code before the lower Appellate

Court i.e. immediate Sessions Court before the District and the

judgment dated 22.12.2025 rendered in Criminal Misc. Application

No.12753 of 2019 with Criminal Misc. Application No. 12908 of 2019.

4. Before entering into the merits of this case, this Court deems it

proper to refer to the decision rendered by this Court in the case of

Shivsinh Ganpatsinh Solanki Vs. State of Gujarat being Criminal

Miscellaneous Application Nos. 12753 of 2019 with 12908 of 2019 and

the decision of the Hon'ble Supreme Court in the case of Celestium

Financial Vs. A. Gyanasekaran (supra) wherein the Hon’ble

Supreme Court has observed and held that the complainant, in a

complaint under Section 138 of the N.I. Act, considered to be a victim,

has a specific right to file an appeal against the order of acquittal

under Section 372 of the Code / Section 413 of the BNSS to the Court

which is immediately superior in hierarchy i.e. the Sessions Court.

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NEUTRAL CITATION

R/CR.A/1973/2022 JUDGMENT DATED: 10/07/2026

0.8365432690504432

5. In view of the above, learned counsel for respondent - accused

submits that let the matter be remanded back to the concerned

Sessions Court.

6. Learned Additional Public Prosecutor has pointed out that the

matter in the case of Celestium Financial Vs. A. Gyanasekaran

(supra) is now pending at large before the Hon’ble Suprem