34-ALP-488-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 488 OF 2018 Mr. Vinod Dinkar Rao Kulkarni ….Applicant vs. Mr. Lata Sitaram Shetty and Another … Respondents Mr. P. M. Mokashi for the Applicant. Mr. Aditya Sawant for Respondent No. 1. Mr. A. S. Gawai, APP for the State. CORAM : GAURI GODSE, J. DATED : 16th OCTOBER 2025 ORDER: 1. 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 Section 138 of The Negotiable Instruments Act, 1881. By the impugned order 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 M/s. Celestium Financial Versus. A. Gnanasekaran1, the applicant would be entitled to file an appeal under Section 372 1 2025 SCC OnLine SC 1320 1/2 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.10.16 22:05:36 +0200 34-ALP-488-2018.doc 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. 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 1st November 2018. 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. The Application is disposed of as withdrawn subject to the aforesaid liberty. (GAURI GODSE, J.) 2/2