25-ALP-146-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 146 OF 2025 Ganesh Krishna Madhavi ....Applicant V/s Maya V Sawant & Anr. ....Respondents *** Mr. Vinayak R. Patil a/w. Mr. Rajesh K. Shinde for the Applicant. Mr. Hemal Shah a/w. Kajal Shukla for Respondent No.1. Ms. Sharmila S. Kaushik, APP for Respondent No.2-State. *** CORAM : M.M. SATHAYE, J. DATE : 27th AUGUST, 2026 P.C. : 1. Application is filed by the complainant in proceedings arising out of Section 138 of Negotiable Instruments Act, 1881, seeking leave to file appeal challenging acquittal. 2. Learned counsel for the Applicant states on instructions that Applicant wishes to file appeal under proviso to Section 372 of the Criminal Procedure Code, 1973 (‘CrPC, for short), in view of the law laid down in Celestium Financial Vs. A. Gnanasekaran Etc. 2025 SCC OnLine SC 1320. 3. Considering the option available with the Applicant in view of paragraph Nos.7.9 and 10 of the said judgment, present leave application is disposed of as withdrawn with liberty reserved to the Applicant to file appeal along with delay condonation application before the appropriate Sessions Court. Husen 1 HUSENBASHA RAHAMAN NADAF Digitally signed by HUSENBASHA RAHAMAN NADAF Date: 2026.08.27 19:51:16 +0530 25-ALP-146-2025.doc 4. If such appeal/application is filed within 4 weeks from today, time spent by the Applicants in prosecuting the present Leave Application (including delay condonation, if any) shall be considered for exclusion, while computing limitation, in accordance with law including section 470 of CrPC and Limitation Act. 5. Application is disposed of in the above terms. (M.M. SATHAYE, J.) Husen 2