22-ALP-310-2015+++.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 310 OF 2015 AND CRIMINAL APPLICATION NO. 311 OF 2015 Manish D. Vora ….Applicant vs. Shree Sai Oto Tubes Mill … Respondents Ltd. And Others WITH CRIMINAL APPLICATION NO. 312 OF 2015 AND CRIMINAL APPLICATION NO. 313 OF 2015 Yogesh D. Vora ….Applicant vs. Shree Sai Oto Tubes Mill … Respondents Ltd. And Others Mr. Jatin P. Karia (Shah) a/w. Ms. Snehankita Munj a/w. Ms. Dipti Jatin Karia (Shah) a/w. Mr. Vijay Andhale for the Petitioner. Mr. Yashpal Thakur a/w. Mr. Mukund Pandya for the Respondents. Mr. D. J. Haldankar, APP for the Respondent – State CORAM : GAURI GODSE, J. DATED : 19th NOVEMBER 2025 1/3 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2025.11.20 10:11:35 +0530 22-ALP-310-2015+++.doc 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 order respondent no. 1 and 2 are 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 of Code of Criminal Procedure. He 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 1 2025 SCC OnLine SC 1320 2/3 22-ALP-310-2015+++.doc these applications with liberty to file appeals under Section 372 of Cr.P.C. before the Sessions Court. 4. These applications are filed on 17thJuly 2015. Hence, it is clarified that if appeals 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 these applications for seeking condonation of delay in filing appeals before the Sessions Court. 5. Learned advocate for the applicant is permitted to take back certified copy of the impugned order for filing the appeals in the Sessions Courts, 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. These Applications are disposed of as withdrawn subject to the aforesaid liberty. 7. Office shall return the R & P to the trial court. 8. Pending interim applications, if any, stand disposed of as infructuous. (GAURI GODSE, J.) 3/3