R/CR.MA/1682/2025(GJHC240040192025) ORDER DATED: 01/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 1682 of 2025 In F/CRIMINAL MISC.APPLICATION/2437/2025 In F/CRIMINAL APPEAL/2438/2025 ========================================================== MAHESHBHAI DAHYABHAI AAHIR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NIRAD D BUCH(4000) for the Applicant(s) No. 1 MRS. BHAVINI N. BUCH(5403) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 3,5,6 MR NIMESH M PATEL(6780) for the Respondent(s) No. 4 NOTICE SERVED for the Respondent(s) No. 2 MS JYOTI BHATT ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 01/09/2026 ORDER 1. This is an application under Section 5 of the Limitation Act for condonation of delay of 1364 days caused in preferring the Criminal Misc. Application seeking Leave to Appeal against the impugned order of acquittal dated 09.03.2019 passed by the learned 10th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat (hereinafter be referred to as “the trial Court”). 2. This matter is required to be transferred in view of the decision of the High Court of Chhattisgarh rendered in the R/CR.MA/1682/2025(GJHC240040192025) ORDER DATED: 01/09/2026 case of State of Chhattisgarh, Through Its Station House Officer Vs. Mohanlal Bagde, reported in [2019] SCC OnLine Chh 102 wherein, the Court has referred the earlier decision of the Hon’ble Supreme Court rendered in case of of Subhash Chand vs State (Delhi Administration), reported in (2013) 2 SCC 17, wherein, the Hon’ble Supreme Court has observed and held in para-18 as under : “18. If we analyse Section 378(1)(a) & (b), it is clear that the State Government cannot direct the Public Prosecutor to file an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non- bailable offence because of the categorical bar created by Section 378(1)(b). Such appeals, that is appeals against orders of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence can only be filed in the Sessions Court at the instance of the Public Prosecutor as directed by the District Magistrate. Section 378(1)(b) uses the words "in any case" but leaves out orders of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence from the control of the State Government. Therefore, in all other cases where orders of acquittal are passed appeals can be filed by the Public Prosecutor as directed by the State Government to the High Court." 3. It would also be appropriate to refer to the decision of the High Court of Punjab & Haryana rendered in case of Mohanlal Vs. Gaurav Kumar and Anr., reported in 2025 PHHC 162308, wherein the Court has observed and held in para-3 as under : “3. The Hon’ble Supreme Court in M/s. Celestium Financial vs. A.Gnanasekaran Etc., 2025(3) RCR (Criminal) 208, after considerable discussion and comparative interpretation of Sections 372 and 378(4) of Cr.P.C., concluded that the victim has a R/CR.MA/1682/2025(GJHC240040192025) ORDER DATED: 01/09/2026 right to file an appeal under Section 372 of Cr.P.C. before the Court of Sessions.” 4. In the decision in case of M/s. Everest Automobiles Vs. M/s. Rajit Enterprises dated 12.02.2026 passed in Special Leave to Appeal No.12350 of 2024 the Hon’ble Apex Court observed as under:- “Reliance is placed by the learned counsel for the petitioner on the recent judgment of this Court in “Celestium Financial vs. A. Gnanasekaran1”. By way of the said judgment, a co-ordinate Bench of this Court held that a complainant in a case arising under Section 138 of the Negotiable Instruments Act, 1881, is a ‘victim’ who would be entitled to file an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973. It was further held that such appeal could be filed against an order of acquittal under the proviso to Section 372 of the Code without seeking special leave to appeal under Section 378(4) of the Code. However, this judgment did not take into account the earlier decisions of this Court in Satya Pal Singh vs. State of M.P. and Subhash Chand vs. State (Delhi Administration), which have a bearing on both the aspects that were considered in the aforestated judgment, as they held to the contrary.” 5. In view of the aforesaid facts and the settled principles, learned counsel for the applicant seeks permission to withdraw this application. Permission as prayed for is granted. The present application along with the application seeking Leave to Appeal and the connected Criminal Appeal are disposed of as withdrawn, with a liberty to file appropriate appeal before the concerned Court, within a period of four months from the date of receipt of copy of this order. Record and proceedings, if lying with this Court, be remitted back to R/CR.MA/1682/2025(GJHC240040192025) ORDER DATED: 01/09/2026 the concerned Court forthwith. 6. While considering the delay, the period from which the present appeal is filed, till the time this appeal is disposed of, will not be considered in the aspect of considering the delay in filing appeal under section 372 of the Code (Section 413 of BNSS). The Appellate Court will have to take into consideration the delay of 1364 days at the time when the said appeal is filed before the concerned Sessions Court. 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. 7. 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. 8. It is clarified that this Court has not gone into the merits of the matter at this stage. (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/09/2026 17:56:55