Complainant in Cheque Bounce Cases Is a Victim with Right to Appeal: Gujarat High Court Transfers Appeals to Sessions Court Following Supreme Court Ruling

1. Case Snapshot

Case Name: M/S. Hindustan Coco-Cola Beverages Pvt. Ltd. vs Suvji Distributor & Ors

Citation: Criminal Appeal No. 1681 of 2012

High Court: High Court of Gujarat at Ahmedabad

Bench: Hon'ble Mr. Justice Hemant M. Prachchhak

Date of Judgment: 29th June, 2026

Area of Law: Criminal Law, Negotiable Instruments Act, Right to Appeal, Victim's Rights

2. Judgment in Brief

The Gujarat High Court disposed of a criminal appeal filed by the original complainant under Section 138 of the Negotiable Instruments Act, 1881, challenging the acquittal of the accused. Following the Supreme Court's decision in Celestium Financial v. A. Gnanasekaran (2025), which held that the complainant in a cheque dishonour case is a "victim" and has a right to file an appeal under the proviso to Section 372 of the CrPC / Section 413 of BNSS before the immediate superior court (Sessions Court), the High Court directed the Registry to transfer the appeal to the concerned Sessions Court. The High Court clarified that the complainant need not seek leave under Section 378(4) of the CrPC and can directly approach the Sessions Court as a victim. The Court also noted that the matter is pending before a larger bench of the Supreme Court and the transfer is subject to the final outcome of the reference.

3. Relevant Facts

The Complaint

• The appellant is the original complainant who filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent-accused.

• The complaint arose from the dishonour of a cheque.

Trial Court Proceedings

• The learned 3rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate First Class, Ahmedabad (Rural), Ahmedabad, acquitted the accused vide judgment and order dated 20.10.2011.

The Appeal

• The complainant filed the present Criminal Appeal under Section 378 of the Code of Criminal Procedure, 1973 / Section 419 of the Bharatiya Nagrik Suraksha Sanhita, 2023 before the High Court.

Legal Developments During Pendency

• During the pendency of the appeal, the Hon'ble Supreme Court in Celestium Financial v. A. Gnanasekaran (2025) held that the complainant in a Section 138 NI Act case is a "victim" and has a specific right to file an appeal under Section 372 of the CrPC / Section 413 of BNSS before the Sessions Court.

... Upgrade to a Premium Plan to view the full judgment.