IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 1332 of 2018 ================================================================ TUSHARKUMAR JAYANTILAL MALVI Versus STATE OF GUJARAT & ANR. ============================================================================== Appearance: MR KAIVAL D PATEL for MR JIGAR G GADHAVI(5613) for the Appellant(s) No. 1 MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 1 URJA B DAVE(7461) for the Opponent(s)/Respondent(s) No. 2 ================================================================ CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER Date : 13/01/2026 ORAL ORDER 1. This is an acquittal appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Code’ for short) by the complainant against the judgment and order impugned passed by the learned trial Court, whereby the learned trial Court had acquitted the respondent/s/accused of the charge under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the `NI Act’ for short). 2. Before entering into the merits of this case, this Court deems it proper to refer to the latest 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 p. 2 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. Therefore, the applications for leave to appeal/appeals which are pending before this Court can be disposed of with a direction to transfer the said application/appeal to the concerned Sessions Court. 3. In view of the above, learned advocate for the petitioner requested to transfer the appeal to the concerned Sessions Court. 4. In view of the said request, this appeal is disposed of with a direction to the Registry to transfer the appeal to the concerned Sessions Court. After it is transferred to the concerned Sessions Court, it has to be treated as an Appeal under the proviso under Section 372 of the Code (Section 413 of BNSS) and numbered accordingly. The Registry is directed to transfer the entire record of the case, including the certified copies of the order impugned and record & proceedings, if lying with this Court, to the concerned lower Appellate Court, forthwith. 5. Considering that the matter has been pending for considerable time, the learned lower Appellate Court is p. 3 required to make endeavour to dispose of the matter as expeditiously as possible. In view of the fact that the present matter is pending since the year 2018, as and when the said appeal is transferred before the Sessions Court, the Sessions Court to dispose of the same as expeditiously as possible preferably within a period of three years. (SANJEEV J.THAKER,J) Manoj Kumar Rai