9-ALP-452-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 452 OF 2018 Rajkumar Baburam Gupta ….Applicant vs. Rehamatullah M. S. Khan and Another … Respondents Mr. Ram Mani Upadhyay for the Applicant. Mr. D. J. Haldankar, APP for the Respondent - State. CORAM : GAURI GODSE, J. DATED : 23rd JANUARY 2026 ORDER: 1. This application is filed by the original complainant under Section 378(4) of the Criminal Procedure Code, seeking leave to file appeal. The applicant is the complainant in the complaint filed under Section 138 of The Negotiable Instruments Act, 1881. By the impugned order respondent no. 1 is acquitted. 2. Learned counsel for the applicant submits that in view of the recent decision of the Hon’ble Apex Court in the case of M/s. Celestium Financial Versus. A. Gnanasekaran1, the 1 2025 SCC OnLine SC 1320 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.01.28 14:24:25 +0530 9-ALP-452-2018.doc applicant would be entitled to file an appeal under Section 372 of Code of Criminal Procedure. He therefore seeks leave to withdraw this application with liberty to file an appeal under Section 372 of Cr.P.C. in the Sessions Court. Learned counsel for the applicant submits that the applicant be granted benefit of the period of pendency of this application for seeking condonation of delay. 3. In view of the legal principles settled in the decision of the Hon’ble Apex Court, the applicant is granted leave to withdraw this application with liberty to file an appeal under Section 372 of Cr.P.C. before the Sessions Court. 4. This application is filed on 26th November 2018. Hence, it is clarified that if an appeal under Section 372 of Cr.P.C. is filed within eight weeks from today, the applicant shall be entitled to seek benefit of the period of pendency of this application for seeking condonation of delay in filing the appeal before the Sessions Court. 5. Learned advocate for the applicant is permitted to take back certified copy of the impugned order for filing the appeal in the Sessions Courts, on submitting a photocopy of the 2/3 9-ALP-452-2018.doc impugned order. Registry shall verify the photocopy and return the certified copy to the learned advocate for the applicant. 6. The Application is disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) 3/3