SAN PRINTS PRIVATE LIMITED v. TAPAS KUMAR MUKHERJEE AND ANR.
ALP/184/2018 · 2025-10-16
Gauri Godse
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 77027 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77027 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
23-ALP-184-185-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 184 OF 2018 WITH CRIMINAL APPLICATION NO. 185 OF 2018 San Prints Pvt. Ltd. ….Applicant vs. Tapas Kumar Mukherjee and … Respondents Another Ms. Bindal Kishor Bhatia h/f. Mr. Kishor Bhatia for the Applicant. Ms. Shilpa G. Talhar, APP for the State.
CORAM : GAURI GODSE, J.
DATED : 16th 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 orders 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 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.10.16 22:05:35 +0200
23-ALP-184-185-2018.doc M/s. Celestium Financial Versus. A. Gnanasekaran1, the applicant would be entitled to file an appeal under Section 372 of Code of Criminal Procedure. She 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 18th August 2017. There was a delay in filing these applications. By order dated 25th April 2018 passed in Criminal Application No. 456 of 2017 and Criminal Application No. 457 of 2017 the delay in filing these applications are condoned. 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 1 2025 SCC OnLine SC 1320 2/3
23-ALP-184-185-2018.doc condonation of delay in filing the appeals before the Sessions Court.
5. These Applications are disposed of as withdrawn subject to the aforesaid liberty.
(GAURI GODSE, J.) 3/3