4.cri.ia.3183.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.3183 OF 2026 WITH CRIMINAL INTERIM APPLICATION NO.2375 OF 2026 WITH CRIMINAL APPLICATION (ALP) NO.186 OF 2024 Harpal Girdharilal Chetwani … Applicant Versus The State of Maharashtra & anr. … Respondents *** Ms. Asmeeta Bhoir i/b. Mr. Manoj Gupta for the Applicant. Ms. Sharmila Kaushik. APP for Respondent-State. Mr. Vilas U. Waghmare, (through VC) for Respondent No.2. *** CORAM : M.M. SATHAYE, J. DATE : 24 SEPTEMBER, 2026 P.C. : 1. Heard the learned Counsel for the parties. 2. Above Applications are filed seeking restoration of Leave Application and for condonation of delay of 101 days in filing such application. 3. The Applicant is the complainant in proceedings arising out of Section 138 of the Negotiable Instrument Act, 1881. The Applicant is seeking to challenge the order of acquittal of Respondent No.2 / original accused. 4. Learned counsel for the Applicant seeks leave to withdraw the Leave Application with liberty to file an appeal under proviso of Vina Khadpe 1 VINA ARVIND KHADPE Digitally signed by VINA ARVIND KHADPE Date: 2026.09.24 18:50:00 +0530 4.cri.ia.3183.2026.doc Section 372 of the Criminal Procedure Code, 1973, in view of the law laid down by the Hon’ble Supreme Court in the case of Celestium Financial Versus A. Gnanasekaran Etc.[2025 SCC OnLine SC 1320] 5. Considering the request, application for condonation of delay as well as application for restoration of the leave Application, are allowed. Criminal Application (ALP) No.186 of 2024, is restored to the file. 6. On the request made by the learned Counsel for the Applicant, Leave Application is disposed of as withdrawn, with liberty to file an appeal before appropriate Sessions’ Court along with an Application for condonation of delay. 7. If such appeal and application for condonation of delay are filed within a period of six weeks from today, time spent for prosecuting the present matter (including Application for leave, for restoration and condonation of delay) shall be considered for exclusion as provided under Section 470 of Criminal Procedure Code, 1973 and the Limitation Act, 1963. 8. Leave Application along with Interim Applications are disposed of in the above terms. (M.M. SATHAYE, J.) Vina Khadpe 2