901-alp--308-18++.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 301 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 309 OF 2018 (Leave to file appeal) Kusum Jayant Gada Through POA and Lrs Ketan Jayant Gada … Applicant vs. The State of Maharashtra … Respondent WITH CRIMINAL APPLICATION NO. 302 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 307 OF 2018 (Leave to file appeal) Deepti Ketan Gada … Applicant vs. The State of Maharashtra … Respondent WITH CRIMINAL APPLICATION NO. 303 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 304 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 305 OF 2018 (Leave to file appeal) Page no. 1 of 4 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.11.14 18:53:21 +0530 901-alp--308-18++.doc WITH CRIMINAL APPLICATION NO. 308 OF 2018 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 310 OF 2018 (Leave to file appeal) Ketan Jayant Gada … Applicant vs. The State of Maharashtra and Ors … Respondents WITH CRIMINAL APPLICATION NO. 306 OF 2018 (Leave to file appeal) Sneha Ketan Gada … Applicant vs. The State of Maharashtra and Ors … Respondents Mr. Karan L. Jain i/b. Mr. Ashish Raguvanshi 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 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 Page no. 2 of 4 901-alp--308-18++.doc 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 18th July 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 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 1 2025 SCC OnLine SC 1320 Page no. 3 of 4 901-alp--308-18++.doc 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. 4 of 4