141-APEAL-5-2015 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 5 OF 2015 Radha Madhav Kamath ….Appellant Versus M/s. Trimurti Builders And Developers & Ors …..Respondents ________________________________________________________________ Ms. Shweta Sangtani, Advocate for the Appellant. Mr. Vijay Kumar Aggarwal a/w. Ms. Mamta Agarwal, Advocates for Respondent Nos. 1 to 3. Mr. P. P. Jadhav, APP for the Respondent-State. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 2nd FEBRUARY, 2026. P.C. : 1. Heard learned counsel for the appellant. 2. Learned counsel for the appellant, on instructions, seeks leave to withdraw the appeal with liberty to file appeal before the learned Sessions Court as per the view of the Hon’ble Apex Court in the case of Celestium Financial Vs. A. Gnanasekaran & Etc.1 3. Considering the submission of learned counsel for the appellant, appeal is allowed to be withdrawn with aforesaid liberty. 4. Appeal is dismissed and disposed of as withdrawn. 1 (2005) SC 2099. SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.02.03 15:19:51 +0700 141-APEAL-5-2015 (CR).doc S.S.Kilaje 5. Learned Sessions Court shall consider the delay, if appeal is filed, as application was pending before this Court. (SHIVKUMAR DIGE, J.)