R/CR.MA/4467/2023 ORDER DATED: 08/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 4467 of 2023 In R/CRIMINAL APPEAL/513/2023 With R/CRIMINAL APPEAL NO. 513 of 2023 ========================================================== NITYANAND JUGALCHARAN NAYAK Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1 MR YUVRAJ BRAHBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 08/01/2026 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 dated 21.05.2022 passed in Criminal Case No.619 of 2015 by the learned Judicial Magistrate, First Class, Dhansura, Aravalli, 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). It is noted that this Court has already condoned the delay in filing the appeal. 2. Learned advocate for the appellant seeks permission to withdraw this application, in view of the latest p. 2 R/CR.MA/4467/2023 ORDER DATED: 08/01/2026 decision rendered by this Court in the case of Shivsinh 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 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 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 The present application as well as the connected appeal are disposed of as withdrawn, with a liberty to file appropriate appeal/s before the concerned Court, within a period of four months from the date of this order.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. Page 2 of 3 R/CR.MA/4467/2023 ORDER DATED: 08/01/2026 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. (SANJEEV J.THAKER,J) M.H. DAVE/166