R/CR.MA/22634/2026 ORDER DATED: 28/09/2026 (GJHC240133532026) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 22634 of 2026 In R/CRIMINAL APPEAL/1524/2026 ========================================================== KIRITKUMAR RATILAL SONI Versus GHANSHYAMBHAI PREMCHANDBHAI SONI & ORS. ========================================================== Appearance: MR SACHIN D PANCHAL(10735) for the Applicant(s) No. 1 MR. R. D. GOHIL(14263) for the Applicant(s) No. 1 MR RAKESH B SHARMA(2521) for the Respondent(s) No. 1 MR ROHAN H RAVAL, APP for the Respondent(s) No. 4 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 28/09/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE R. T. VACHHANI) 1. The present application has been preferred by the appellant – original complainant while invoking the provisions of Section 378(4) of the Code of Criminal Procedure, 1973 (equivalent to Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking special leave to appeal against the order of acquittal dated 10.10.2025 passed by the learned Additional Chief Judicial Magistrate, Vadodara in Criminal Case No. 35291 of 2000 (Old Criminal Case No. 102 of 2000) for the offences punishable under Sections 406, 420, 467, 506(2) and 114 of the Indian Penal Code, 1860. R/CR.MA/22634/2026 ORDER DATED: 28/09/2026 (GJHC240133532026) 2. After arguing the matter, the learned Counsels appearing for the respective parties have been taken through the provisions of Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “the BNSS”) read with Section 419 of the BNSS. The appellant herein has mainly stressed upon the provision of Section 378(4) of the Code of Criminal Procedure, 1973 (equivalent to Section 419 of the BNSS). 3. Since the provision of Section 413 of the BNSS, which regulates the matter in so far as the appeal from an acquittal by a victim is concerned, as per the aforesaid provision, which is couched in the negative and prohibits any appeal to lie from any judgment or order of the Criminal Court except as provided by the Sanhita, the said provision, for the sake of brevity and convenience, is reproduced herewith: “413. No appeal to lie unless otherwise provided.— No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.” 4. Thus, the sum and substance of the aforesaid provision, which confers on the victim a right to prefer an appeal against any order of acquittal, conviction for a lesser offence, or on the ground of inadequate compensation, is that, in the aforesaid circumstances, such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Page 2 of 6 R/CR.MA/22634/2026 ORDER DATED: 28/09/2026 (GJHC240133532026) 5. At this juncture, it also would be apt to refer to the provision of Section 419 of the BNSS, which provides for an appeal in case of acquittal, which would not be applicable when the proviso to Section 413 of the BNSS is applied. Section 419 of the BNSS reads as under: “419. Appeal in case of acquittal. (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),-(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal-(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave R/CR.MA/22634/2026 ORDER DATED: 28/09/2026 (GJHC240133532026) to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub- section (2).” 6. In so far as an appeal from the conviction is concerned, the substance which is required to be looked upon is Section 415 of the BNSS, wherein sub-section (3) provides as under: “415. Appeals from convictions.— (3) Save as otherwise provided in sub-section (2), any person,— (a) convicted on a trial held by Magistrate of the first class, or of the second class; or (b) sentenced under section 364; or (c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session.” 7. Hence, the conjoint reading of the aforesaid provisions makes it abundantly clear that when there is a conviction in a trial held by the Magistrate of the First Class or Second Class, the appeal would lie to the Sessions Court. 8. It is also pertinent to note here that as per the provision of Section 413 of the BNSS, an appeal filed by the complainant posing himself and R/CR.MA/22634/2026 ORDER DATED: 28/09/2026 (GJHC240133532026) claiming to be a victim, against the order of acquittal also, lies before the Court to which the appeal ordinarily lies against the order of conviction of such Court. Thus, the order of acquittal passed by the learned Magistrate has to be appealed before the Court in which the conviction order by the Magistrate can be appealed, say for example, which is the Sessions Court. 9. In view of the aforesaid, admittedly the present appeal has been preferred while invoking the aforesaid provision of Section 378(4) of the Code of Criminal Procedure, 1973 (equivalent to Section 419 of the BNSS), being aggrieved and dissatisfied with the judgment and order of acquittal dated 10.10.2025 passed by the learned Additional Chief Judicial Magistrate, Vadodara in Criminal Case No. 35291 of 2000 (Old Criminal Case No. 102 of 2000). Therefore, the appeal before this Court would not lie. Instead thereof, as per the provision of Section 413 of the BNSS, the appeal would lie to the Court where ordinarily the appeal lies against the order of conviction of such Court. 10. The learned Counsel appearing for the appellant has also fairly conceded the aforesaid proposition and sought to withdraw the present appeal so as to enable him / it to approach the Sessions Court concerned. The said request has been duly acknowledged by the learned Advocate appearing on behalf of the other side. 11. Hence, in view of the aforesaid, since the appellant is desirous of filing an appeal, the appellant is at liberty to approach the jurisdictional Sessions Court. 12. We make it clear that if an appeal is filed within a period of one month from the date of this order and, if the learned Sessions Court finds R/CR.MA/22634/2026 ORDER DATED: 28/09/2026 (GJHC240133532026) that, there is a delay in filing such appeal, the same is to be dealt sympathetically, while considering the proceedings initiated before this Court bona fide. 13. We make it clear that we have not made any observation regarding the merits of the matter or the order of acquittal passed by the learned Additional Chief Judicial Magistrate / Judicial Magistrate of the First Class. The appeal shall be dealt with in accordance with law. 14. The present Criminal Miscellaneous Application for special leave to appeal, and the connected Criminal Appeal, are disposed of as withdrawn, with the aforesaid observations and with liberty as indicated hereinabove. 15. Pending application(s), if any, shall stand disposed of. (ILESH J. VORA,J) (R. T. VACHHANI, J) MVP Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/09/2026 16:11:13