P-504-ALP-230-2025 (CR).DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.230 OF 2025 (LEAVE TO APPEAL) M/S. Hemkesh Earthmover ...Applicant Versus Pankaj Shankar Waghule & anr. ...Respondents ------- Mr. Vikrant Shinde, Advocate for the Applicant. Mr. Anand Subhash Shalgaonkar, APP for the Respondent-State. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 19th DECEMBER, 2025 P.C. 1. Heard learned counsel for Applicant and learned APP for the Respondent No.2-State. 2. Learned counsel for Applicant on instructions seeks leave to withdraw this Application with liberty to file Appeal before the learned Sessions Court as per the view of the Hon’ble Apex Court in the case Celestium Financial Vs. Ghanasekaran Etc1. 3. Considering the submission of learned counsel for Applicant, Application is allowed to be withdrawn with aforesaid liberty. 4. Application is dismissed and disposed off as withdrawn. 5. Learned Sessions Court shall consider the delay, if Appeal is filed as Application was pending before this Court. (SHIVKUMAR DIGE, J.) 1 2005 SC 2099 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.12.23 18:22:51 +0530