Complainant Is Victim U/S.138 Of NI Act & Has Right To File Appeal Against Acquittal U/S.372 Of CrPC Before Sessions Court: Gujarat High Court
The Gujarat High Court was considering an appeal filed by the original complainant under Section 378 of the Criminal Procedure Code, 1973.
Justice Hemant M. Prachchhak, Gujarat High Court
The Gujarat High Court has reaffirmed the view of the Apex Court that the original complainant is to be considered as a victim of the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) and he has a right to file an appeal under Section 372 of the Criminal Procedure Code, 1973 (CrPC) before the lower Appellate Court, i.e., the immediate Sessions Court.
The High Court was considering an appeal filed by the appellant – original complainant under Section 378 of the Criminal Procedure Code, 1973/Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) against the judgment of the Trial Court acquitting the respondents - accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).
The Single Bench of Justice Hemant M. Prachchhak held, “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.”
Advocate Y V Vaghela represented the Appellant while Addl. Public Prosecutor Jyoti Bhatt represented the Respondent.
Arguments
It was the case of the respondent that the matter in the case of Celestium Financial Vs. A. Gyanasekaran (supra) is pending at large before the Supreme Court, wherein the Supreme Court has observed that it is desirable that a larger Bench gives an authoritative pronouncement on this issue.
Reasoning
The Bench took note of the fact that in Celestium Financial Vs. A. Gyanasekaran (supra), it was observed that the complainant, who is the victim of a dishonour of cheque, must be construed to be a victim in terms of the proviso to Section 372 read with the definition of victim under Section 2(wa) of the CrPC.
Considering the rulings in Celestium Financial Vs. A. Gyanasekaran (supra) and Thakar Hariprasad Dalsukhram Vs. State of Gujarat and another (2026), the Bench disposed of the appeal 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 and issue notice to the parties”, it ordered.
The Bench also directed the Registry to transfer the entire record of the case, including the certified copies of the order impugned as well as record & proceedings, to the concerned lower Appellate Court.
Cause Title: Ashokbhai Ramjibhai Maniya v. State of Gujarat & Ors. (Case No.: R/Criminal Appeal (Against Acquittal) No. 2027 of 2018)