Bombay High Court
The Nasik Jilha Mahila Sahakari Bank Ltd ... vs Bhagwan Shivaji Pawar And Ors. on 7 October, 2025
2025:BHC-AS:43314
55-ALP-153-2019.doc
MJ Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 153 OF 2019
The Nasik Jilha Mahila Sahakari Bank Ltd ... Applicant
Through Salim Usman Sayyad
Vs.
Bhagwan Shivaji Pawar And Ors. ... Respondents
MANGALTAI
JAYWANT
JADHAV
Digitally signed by
MANGALTAI
Ms. Chaitali Bhogle i/b Vishal Lambat for the Applicant.
JAYWANT JADHAV
Date: 2025.10.08
16:43:04 +0530
Mr. Shailesh S. Ghag, APP for the State.
CORAM : GAURI GODSE, J.
DATED : 7th OCTOBER 2025
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. 2 and 3 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 1 2025 SCC OnLine SC 1320 Page no. 1 of 2 ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 21:56:58 ::: 55-ALP-153-2019.doc 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 20th April 2019. Hence, it is clarified that if an appeal 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 this application for seeking condonation of delay in filing the appeal before the Sessions Court.
5. The Application is disposed of as withdrawn subject to the aforesaid liberty.
(GAURI GODSE, J.) Page no. 2 of 2 ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 21:56:58 :::