901-alp--253-2018++.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 253 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 254 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 255 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 256 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 257 OF 2018 (Leave to file appeal) Jayant Kunverji Gada … Applicant vs. The State of Maharashtra and Ors … Respondents Mr. Karan L. Jain i/b. Mr. Ashish Raghuvanshi for the Applicant Mr. D.J. Haldankar, APP for the Respondent-State. CORAM : GAURI GODSE, J. DATED : 14th NOVEMBER 2025 ORDER: 1. These applications are filed by the original complainants Page no. 1 of 3 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.11.14 18:53:21 +0530 901-alp--253-2018++.doc under Section 378(4) of the Criminal Procedure Code (‘Cr. PC’), seeking leave to file appeal. The applicants are the complainants in the complaints filed under Section 138 of the Negotiable Instruments Act, 1881. By the impugned order respondent no. 2 to 4 are acquitted. 2. Learned counsel for the applicants submits that in view of the recent decision of the Hon’ble Apex Court in the case of M/s. Celestium Financial Versus. A. Gnanasekaran1, the applicants 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 applicants submits that the applicants 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 applicants are granted leave to withdraw this applications with liberty to file an appeal under Section 372 of Cr.P.C. before the Sessions Court. 4. These applications are filed on 15th June 2018. Hence, it is clarified that if an appeal under Section 372 of Cr.P.C. is filed within eight weeks from today, the applicants shall be entitled to seek 1 2025 SCC OnLine SC 1320 Page no. 2 of 3 901-alp--253-2018++.doc benefit of the period of pendency of these applications for seeking condonation of delay in filing the appeal before the Sessions Court. 5. Learned advocate for the applicants are permitted to take back certified copy of the impugned order for filing the appeal in the Sessions Court, on submitting a photocopy of the impugned order. Registry shall verify the photocopy and return the certified copy to the learned advocate for the applicants. 6. The Applications are disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) Page no. 3 of 3