6-ALP-493-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 493 OF 2018 Ram Awatar Gulab Singh Thakur ….Applicant vs. Ashwin Nanji Sidhpura and Others … Respondents Mr. Sahir Patel a/w. Mr. Siddharth Gharat h/f. Mr. Nitin Sejpal for the Applicant. Mr. Shailesh S. Ghag, APP for the State. CORAM : GAURI GODSE, J. DATED : 17th OCTOBER 2025 ORDER: 1. This application is filed under Section 378(4) of the Criminal Procedure Code by the original complainant to challenge order passed by the learned magistrate acquitting respondent nos. 1 to 4 for the offence punishable under section 406,415, 418 and 420 read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant submits that in view of the legal principles settled in the decision of M/s. Celestium Financial Versus. A. Gnanasekaran1 the complainant would be covered under the expression ‘victim’. Learned counsel for the applicant therefore submits that the applicant would be entitled 1 2025 SCC OnLine SC 1320 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.10.26 23:04:10 +0200 6-ALP-493-2018.doc 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 9th 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. The Application is disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) 2/2