132-APEAL-202-2017.doc Rohit Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPEAL NO. 202 OF 2017 Khaiyalilal Ganeshalalji Jain … Applicant Versus Celina Kumar Fernando And Anr … Respondent ________________________________________________________ Ms. Ritu G. Gehlot i/b S. M. Jain Associates, Advocate for the Applicant. Ms. Mahalaxmi Ganpathy, APP for Respondent-State. ________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 12th 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 Considering the submission of learned counsel for the appellant, appeal is allowed to be withdrawn with aforesaid liberty and disposed of. 4. Learned Sessions Court shall consider the delay, if appeal is filed, as the appeal was pending before this Court. (SHIVKUMAR DIGE, J.) 1 (2005) SC 2099.