14-IA-995-2020-ALPST-133-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ST) NO. 133 OF 2020 WITH INTERIM APPLICATION NO. 995 OF 2020 M/s. Nivedita Mercantile and ….Applicant Financing Limited vs. M/s. Chadalavada Infratech Limited … Respondents and Others Mr. Yashpal Thakur for the Applicant. Mr. D. J. Haldankar, APP for the respondent – State. CORAM : GAURI GODSE, J. DATED : 27th FEBRUARY 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 nos. 2 and 7 are 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 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.03.04 11:44:25 +0530 14-IA-995-2020-ALPST-133-2020.doc M/s. Celestium Financial Versus. A. Gnanasekaran1, the 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 4th March 2020. There is a delay in filing the application. Hence, separate Interim Application No. 995 of 2020 is filed. 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. 1 2025 SCC OnLine SC 1320 2/3 14-IA-995-2020-ALPST-133-2020.doc 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 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