Bombay High Court
Ganesh Krishna MadhaviversusMaya V Sawant
- Decided
- Disposal
- Disposed Off
Holding
The court held that the applicant may withdraw the leave application and is permitted to file an appeal with a delay‑condonation petition, with the time spent on the withdrawn application excluded from limitation calculations.
Summary
The applicant, Ganesh Krishna Madhavi, filed an application for leave to appeal against an acquittal in a case under Section 138 of the Negotiable Instruments Act, 1881. The applicant sought to invoke the proviso to Section 372 of the Criminal Procedure Code, 1973, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC Online SC 1320). The High Court examined the relevant paragraphs (7.9 and 10) of that judgment and concluded that the applicant could withdraw the leave application while retaining the option to file a proper appeal with a delay‑condonation petition. The court ordered that if the appeal is filed within four weeks, the time spent on the present application will be excluded for limitation purposes under Section 470 of the CrPC and the Limitation Act. Consequently, the leave application was disposed of as withdrawn, with liberty granted to file the appeal and condonation application before the appropriate Sessions Court.
Issues considered
- Whether the applicant is entitled to leave to appeal an acquittal under the proviso to Section 372 CrPC in a Section 138 NIA case.
- Whether the delay in filing the appeal can be condoned and the time spent on the leave application excluded for limitation purposes.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 372, 470
- Limitation Act
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 138 Negotiable Instruments Act
- Leave to appeal
- Proviso to Section 372 CrPC
- Delay condonation
- Limitation period
- Acquittal
Judgment
25-ALP-146-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
HUSENBASHA
CRIMINAL APPELLATE JURISDICTION
HUSENBASHA RAHAMAN
RAHAMAN NADAF
NADAF Date:
2026.08.27
19:51:16
APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 146 OF 2025
+0530
Ganesh Krishna Madhavi ....Applicant
V/s
Maya V Sawant & Anr. ....Respondents
***
Mr. Vinayak R. Patil a/w. Mr. Rajesh K. Shinde for the Applicant.
Mr. Hemal Shah a/w. Kajal Shukla for Respondent No.1.
Ms. Sharmila S. Kaushik, APP for Respondent No.2-State.
***
CORAM : M.M. SATHAYE, J.
DATE : 27th AUGUST, 2026
P.C. :
1. Application is filed by the complainant in proceedings arising
out of Section 138 of Negotiable Instruments Act, 1881, seeking leave
to file appeal challenging acquittal.
2. Learned counsel for the Applicant states on instructions that
Applicant wishes to file appeal under proviso to Section 372 of the
Criminal Procedure Code, 1973 (‘CrPC, for short), in view of the law
laid down in Celestium Financial Vs. A. Gnanasekaran Etc. 2025 SCC
OnLine SC 1320.
3. Considering the option available with the Applicant in view of
paragraph Nos.7.9 and 10 of the said judgment, present leave
application is disposed of as withdrawn with liberty reserved to the
Applicant to file appeal along with delay condonation application
before the appropriate Sessions Court.
Husen 1
25-ALP-146-2025.doc
4. If such appeal/application is filed within 4 weeks from today,
time spent by the Applicants in prosecuting the present Leave
Application (including delay condonation, if any) shall be considered
for exclusion, while computing limitation, in accordance with law
including section 470 of CrPC and Limitation Act.
5. Application is disposed of in the above terms.
(M.M. SATHAYE, J.)
Husen 2
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