II-1-ALP-46-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 46 OF 2019 Hindustan Organic Chemicals Limited … Applicant Vs. Kesar Petroproducts Limited And Ors. … Respondents Mr. Jay Zaveri a/w Anjali Sharma a/w Ujjwal Batra i/b Crawford Bayley & Co. for the Applicant. Mr. Junaid S. Shabwany a/w Zeeshan Baig for Respondent No.2. Smt. Shilpa G. Talhar, APP for the State. CORAM : GAURI GODSE, J. DATED : 14th NOVEMBER 2025 ORDER: 1. Learned counsel for respondent no.2 submits that respondent no.2 expired on 3rd July 2024. He has tendered copy of the death certificate which is taken on record. 2. Respondent no.2 was accused no.2 before the trial Court. In view of the death of respondent no.2, the proceedings stand abated against respondent no.2. Respondent no.1 is accused no.1. 3. This application is filed by the original complainant under Section 378(4) of the Criminal Procedure Code, seeking leave to file appeal. The applicant is the complainant in the complaint filed under Page no. 1 of 3 MJ Jadhav MANGALTAI JAYWANT JADHAV Digitally signed by MANGALTAI JAYWANT JADHAV Date: 2025.11.20 17:04:02 +0530 II-1-ALP-46-2019.doc Section 138 of The Negotiable Instruments Act, 1881. By the impugned order respondent no. 1 is acquitted. 4. 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 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. 5. 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. 6. This application is filed on 9th January 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. 1 2025 SCC OnLine SC 1320 Page no. 2 of 3 II-1-ALP-46-2019.doc 7. 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. 8. The Application is disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) Page no. 3 of 3