7-10-27-ALP-125-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 125 OF 2019 CRIMINAL APPLICATION NO. 126 OF 2019 CRIMINAL APPLICATION NO. 127 OF 2019 CRIMINAL APPLICATION NO. 128 OF 2019 CRIMINAL APPLICATION NO. 129 OF 2019 Mr. Chetan Shah ….Applicant vs. Mr. Dharmesh Arvindkumar … Respondent Munvar Mr. Sheroy M. Bodhanwalla a/w. Ms. Sayali Puri, Mr. Akash Singh and Mr. Shreyas Thakur i/b. M.S. Bodhanwalla & Co for the Applicant. CORAM : GAURI GODSE, J. DATED : 17th OCTOBER 2025 ORDER: 1. These applications are filed by the original complainant under Section 378(4) of the Criminal Procedure Code, seeking leave to file appeals. The applicant is the complainant in the complaint filed under Section 138 of The Negotiable Instruments Act, 1881. By the impugned order respondent is acquitted. 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.10.17 22:14:44 +0200 7-10-27-ALP-125-2019.doc 2. Learned counsel for the applicant 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 applicant would be entitled to file an appeal under Section 372 of Code of Criminal Procedure. He therefore seeks leave to withdraw these applications with liberty to file appeals 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 these applications 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 these applications with liberty to file appeals under Section 372 of Cr.P.C. before the Sessions Court. 4. These applications are filed on 8th April 2019. Hence, it is clarified that if appeals under Section 372 of Cr.P.C. are filed within eight weeks from today, the applicant shall be entitled to seek benefit of the period of pendency of these applications for seeking condonation of delay in filing the appeals before the Sessions Court. 1 2025 SCC OnLine SC 1320 2/3 7-10-27-ALP-125-2019.doc 5. These applications are disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) 3/3