MALABHAI MERUBHAI GAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant - original complainant under Sec. 378 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code' for short) / under Sec. 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS' for short) against the judgment and order dtd. 8/5/2025 passed by the learned Judicial Magistrate First Class, Thangadh (hereinafter be referred to as "the Trial Court), whereby the learned trial Court had acquitted the respondent - accused for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act' for short).

(2.) Heard learned counsel appearing for the respective parties.

(3.) 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 Sec. 138 of the Act and, therefore, the complainant has right to file an appeal under Sec. 372 of the Code before the lower Appellate Court i.e. immediate Sessions Court before the District and the judgment dtd. 22/12/2025 rendered in Criminal Misc. Application No.12753 of 2019 with Criminal Misc. Application No. 12908 of 2019.