High Court of Gujarat
R/Criminal Appeal (Against Acquittal) No. 11 of 2019
September 03, 2026
Honourable Mr. Justice Hemant M. Prachchhak
Patel Rakeshkumar Amratbhai (Appellant / Original Complainant) vs. State of Gujarat & Anr. (Opponent / Respondent)
"Disclaimer: This article is a simplified summary of the court judgment prepared for informational and educational purposes only. It does not constitute legal advice or an official legal document. For complete facts and full context, please refer to the official judgment attached below."
- What Was the Case About: This case involves a criminal appeal filed by a complainant challenging a trial court judgment dated November 26, 2018, passed by the 2nd Additional Chief Judicial Magistrate, Mehsana. The trial court had acquitted the accused of an offense under Section 138 of the Negotiable Instruments Act, 1881, relating to a dishonored cheque. The complainant initially filed this appeal against acquittal directly before the High Court under Section 378 of the Criminal Procedure Code.
- Key Arguments:
- State & Defense Arguments: The legal representatives pointed out that, under a binding Supreme Court precedent (Celestium Financial v. A. Gnanasekaran), a complainant in a cheque bounce case is legally recognized as a "victim" who suffers direct financial harm from the dishonored cheque. As a victim, the complainant possesses an absolute statutory right under Section 372 of the CrPC or Section 413 of the BNSS to file an appeal against an acquittal order before the immediate Sessions Court without seeking special leave from the High Court.
- Procedural Context: It was also noted that while this legal question has been referred to a larger Supreme Court bench for an authoritative pronouncement, current binding law mandates that such appeals belong before the Sessions Court.
- What Did the Court Decide: The Gujarat High Court disposed of the appeal and directed its Registry to transfer the entire case record to the concerned Sessions Court. The High Court ordered the Sessions Court to treat the matter as an appeal under the proviso to Section 372 of the CrPC / Section 413 of the BNSS, issue notices to the parties, and make every endeavor to resolve the long-pending case as expeditiously as possible. The High Court explicitly clarified that it did not examine or express any opinion on the underlying financial merits of the case.
Why This Judgment Matters to Everyday Citizens
This judgment provides important clarity for everyday citizens, merchants, and small business owners who suffer financial losses when cheques bounce. By affirming that a person who receives a dishonored cheque is classified as a "victim" under criminal law, the ruling confirms their unconditional right to appeal a trial court's acquittal order directly to their local District Sessions Court. This removes the burden of seeking special permission from the High Court, making legal remedies against cheque bouncing faster, less expensive, and more accessible for victims seeking justice.
Applicable Laws and Sections
- Acts Applicable:
- Negotiable Instruments Act, 1881 (NI Act)
- Code of Criminal Procedure, 1973 (Cr.P.C.)
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Key Sections:
- Section 138, NI Act: Defines the criminal offense and penalties for the dishonor of a cheque due to insufficient funds.
- Section 372, Cr.P.C. / Section 413, BNSS: Grants a victim the statutory right to appeal an acquittal or inadequate order directly to the immediate superior Sessions Court.
- Section 378, Cr.P.C. / Section 419, BNSS: Outlines general procedures for appealing acquittals, which previously required complainants to seek special leave from the High Court.
- Section 2(wa), Cr.P.C.: Defines a victim as a person who has suffered loss or injury caused by an offense, including the payee of a dishonored cheque.