3-ALP-218-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 218 OF 2019 Subhash Sahebrao Khatmode … Applicant Vs. Yogesh Ashok Tibhe And Ors. … Respondents Mr. Vivek Joshi a/w Nita Sayal i/b Vikas Shivarkar for the Applicant. Smt. Shilpa G. Talhar, APP for the State. CORAM : GAURI GODSE, J. DATED : 14th NOVEMBER 2025 ORDER: 1. This application is filed under Section 378(4) by the original complainant for seeking leave to file an appeal to challenge the order passed by the learned Magistrate acquitting respondent nos.1 to 3 for the offences punishable under Sections 465, 471, 403 read with 34 of the Indian Penal Code. 2. Learned counsel for the applicant submits that the applicant is the original complainant and the victim. He submits that the applicant would fall within the definition of expression victim. 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 1 2025 SCC OnLine SC 1320 Page no. 1 of 2 MJ Jadhav MANGALTAI JAYWANT JADHAV Digitally signed by MANGALTAI JAYWANT JADHAV Date: 2025.11.15 17:13:50 +0530 3-ALP-218-2019.doc application 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 14th June 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 The Application is disposed of as withdrawn subject to the aforesaid liberty.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