Bombay High Court
Nitin Namdeo Kolhatkar vs Konkan Developers And Contractors And ... on 6 January, 2026
2026:BHC-AS:412
3-ALP(ST)-38-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Swapnil
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (ST) NO. 38 OF 2019
WITH
CRIMINAL APPLICATION IN APPLICATION NO. 185 OF 2019
Nitin Namdeo Kolhatkar ....Applicant
vs.
Konkan Developers and contractors and Ors. ... Respondents
Mr. Rushikesh Desai i/b. Ganesh Dhonde for applicant.
Mr. Aniket Hangare i/b. R. S. Gangawane for respondent no.3
Mshilpa G. Talhar, APP for the State.
CORAM : GAURI GODSE, J.
DATED : 6th JANUARY 2026.
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 nos. 1 to 3 are acquitted.
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3-ALP(ST)-38-2019.doc
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. Gnanasekaran 1, the applicant would be entitled to file an appeal under Section 372 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 29 th January 2019 along with Criminal Application No. 185 of 2019 for condonation of delay. The application for condonation of delay is not yet decided. All rival contentions on merits including delay and limitation till filing of application in the High Court are kept open. However, it is clarified that if an appeal under Section 372 of Cr.P.C. is filed 1 2025 SCC OnLine SC 1320 2/3 ::: Uploaded on - 07/01/2026 ::: Downloaded on - 07/01/2026 20:40:54 ::: 3-ALP(ST)-38-2019.doc 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. Learned advocate for the applicant is permitted to take back certified copy of the impugned order for filing the appeal 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. The Application is disposed of as withdrawn subject to the aforesaid liberty.
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