10-alpst-377-2019-app-1149-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ST) NO. 377 OF 2019 (Leave to file appeal) WITH CRIMINAL APPLICATION NO. 1149 OF 2019 IN CRIMINAL APPLICATION (ST) NO. 377 OF 2019 (Leave to file appeal) Ramdas Rabhaji Mate … Applicant vs. Kachru Valu Gore and Anr … Respondents Mr. Pratik R. Kalantri for the Applicant Ms. Shilpa G. Talhar, APP for the Respondent-State. CORAM : GAURI GODSE, J. DATED : 28th NOVEMBER 2025 ORDER: 1. This application is filed by the original complainant under Section 378(4) of the Criminal Procedure Code (‘CrPC’), 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. Page no. 1 of 3 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.11.29 12:39:27 +0530 10-alpst-377-2019-app-1149-2019.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 this application with liberty to file an appeal under Section 372 of CrPC 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 6th August 2019. There is a delay in filing this application. Criminal Application No. 1149 of 2019 is filed for condonation of delay of 433 days in the application to file leave. Hence, it is clarified that if an appeal under Section 372 of the CrPC 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. 1 2025 SCC OnLine SC 1320 Page no. 2 of 3 10-alpst-377-2019-app-1149-2019.doc 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. 3 of 3