6-alp-41-2009.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 41 OF 2019 (Leave to file appeal) Tanaji Maruti Ghule … Applicant vs. Jyoti Madhukar Nagare and Anr … Respondents Mr. Pritesh K. Bohade, for the Applicant Mr. D.J. Haldankar, APP for the Respondent-State. CORAM : GAURI GODSE, J. DATED : 7th NOVEMBER 2025 ORDER: 1. This application is filed by the original complainant under Section 378(4) of the Criminal Procedure Code (‘Cr. PC’), seeking leave to file appeal. The applicant is the complainant in the complaint filed under Section 138 of the Negotiable Instruments Act, 1881. By the impugned order respondent no.1 is acquitted. 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 this application 1 2025 SCC OnLine SC 1320 Page no. 1 of 2 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.11.10 14:13:51 +0530 6-alp-41-2009.doc 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 8th February 2019. 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. Learned advocate for the applicant is 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 applicant. 6. The Application is disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) Page no. 2 of 2