[2025:RJ-JP:27946] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Leave To Appeal No. 179/2019 Ompal Singh S/o Gyan Singh, R/o A-3/365 Kala Kuwa Alwar Dist. Alwar ----Appellant Versus Rajendra Prasad Jain S/o Kanhiyalal Jain, R/o Vill. Post Bhanokar Teh. Kathumar Dist. Alwar ----Respondent For Appellant(s) : Mr. Anil Kumar Jain For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/07/2025 1. Service is complete. 2. None present for respondent. 3. Learned counsel for appellant submits that after judgment in case of M/s Celestium Financial vs A. Gnanasekaran 2025 INSC 804 it is not necessary for complainant to file leave to appeal under Section 378(4) of Cr.P.C (now Section 419 of BNSS) and he can straight away file an appeal under proviso to Section 372 of Cr.P.C. (now Section 413 of BNSS). 4. Learned counsel submits that he offers to withdraw the instant criminal leave to appeal with liberty to file criminal appeal before the Court of Sessions having territorial jurisdiction over the subject matter. 5. Having considered the submissions of learned counsel for appellant and learned public prosecutor, the instant leave to appeal is dismissed as withdrawn with liberty as aforesaid. [2025:RJ-JP:27946] (2 of 2) [CRLLA-179/2019] 6. It is hereby clarified that this Court has not opined about maintainability of criminal appeal before the Court of Sessions. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /15