1.cri.alp.24.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (ALP) NO.24 OF 2026 Eknath s/o Dhanaji Sali (died) thr. Lrs. … Applicants Versus Dr. Vishal R. Bhandari & anr. … Respondents *** Mr. M. B. Samdhan Shiv (through V.C.) i/b. Umesh Gadsingh, Akkkshay H. Mishra for Applicants. Ms. S. S. Kaushik, APP for Respondent-State. *** CORAM : M.M. SATHAYE, J. DATE : 27 AUGUST, 2026 P.C. : 1. The Application is filed by the complainant in proceedings arising out of Section 138 of Negotiable Instruments Act, 1881, seeking leave to file appeal challenging acqittal. 2. Learned Counsel for the Applicants submits that he has instructions to withdraw the Application in view of the law laid down in M/s. Celestium Financial v. A. Gnanasekaran Etc., 2025 SCC OnLine SC 1320, with liberty to file an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (‘for short, CrPC). 3. Record shows that no notices were issued to the Respondents. 4. Considering paragraphs 7.9, and 10 of the aforesaid Judgment, Vina Khadpe 1 VINA ARVIND KHADPE Digitally signed by VINA ARVIND KHADPE Date: 2026.08.27 17:26:35 +0530 1.cri.alp.24.2026.doc the Applicants have the option to proceed with the application or to file an appeal. 5. Hence, considering the request made, the Application is disposed of as withdrawn, with liberty reserved to the Applicants to file appeal along with delay condonation application before the concerned Sessions Judge. 6. If such appeal/application is filed within 4 weeks from today, time spent by the Applicants in prosecuting the present Leave Application shall be considered for exclusion while, computation of limitation, in accordance with law including section 470 of CrPC and Limitation Act. 7. Application is disposed of in the above terms. (M.M. SATHAYE, J.) Vina Khadpe 2