901.cri.alp.26.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ALP) NO. 26 OF 2026 Sudhakar Fakirrao Mengane … Applicant Versus The State of Maharashtra and anr. … Respondents *** Mr. Sachin S. Gite for Applicant. Ms. Ranjana Humane, APP for Respondent-State. *** CORAM : M.M. SATHAYE, J. DATE : 15 OCTOBER, 2026 P.C. : 1. The Applicant is complainant in proceedings arising out of Section 138 of the Negotiable Instruments Act, 1881. Applicant is seeking leave to file an appeal against the order of acquittal. 2. Learned Counsel for the Applicant submits that, in view of the law laid down by the Hon’ble Supreme Court in M/s. Celestium Financial v. A. Gnanasekaran Etc., 2025 SCC OnLine SC 1320, he has instructions to withdraw the Application with liberty to file an appeal under proviso to Section 372 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’). 3. Record shows that notice has not been issued to the Respondents. 4. Considering the observations made by the Hon’ble Supreme Court in paragraphs 7.9 and 9 of the aforesaid Judgment, the Applicant has an option. Vina Khadpe 1 VINA ARVIND KHADPE Digitally signed by VINA ARVIND KHADPE Date: 2026.10.15 16:31:14 +0530 901.cri.alp.26.2026.doc 5. In that view of the matter, Leave Application is disposed of as withdrawn, with liberty to the Applicant to file appeal as prayed. 6. It is clarified that, if such Appeal is filed within a period of four weeks from today, the time spent in prosecuting the present Leave Application shall be considered for exclusion while computation of limitation, in accordance with law including Section 470 of the Cr. P.C. 7. Application is disposed of in the above terms. (M.M. SATHAYE, J.) Vina Khadpe 2