Bombay High Court

AXIS BANK LIMITED THROUGH PRAKASH RAOversusSTATE OF MAHARASHTRA AND ANR

Decided: 13 January 2026
Disposal: Disposed Off
Bench: AARTI A SATHE

Holding

The application under Section 378(4) is withdrawn, and the appellant is granted liberty to file an appeal under Section 372 of the CrPC within eight weeks.

Summary

Axis Bank Limited, the original complainant and victim, filed an application under Section 378(4) of the CrPC seeking leave to appeal the acquittal of the State of Maharashtra under Section 138 of the Negotiable Instruments Act. The appellant argued that, following the Supreme Court’s decision in Celestium Financial Services Pvt. Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), he was entitled to file an appeal under Section 372 of the CrPC instead. The Court accepted this reasoning, permitting the withdrawal of the present application and granting liberty to file a Section 372 appeal within eight weeks, with the benefit of condonation of delay. It directed the Registry to return the certified copy of the impugned order for filing the appeal. The application was consequently disposed of as withdrawn.

Issues considered

Whether the applicant may withdraw the Section 378(4) application and instead file an appeal under Section 372 of the CrPC as per the Supreme Court’s recent precedent.
Whether the period during which the Section 378(4) application remained pending can be counted towards condonation of delay for the Section 372 appeal.

Legislation cited

Code of Criminal Procedure, 1973 — s. 372, 378(4)
Negotiable Instruments Act, 1881 — s. 138

Subjects

Criminal appeal
Section 378 CrPC
Section 372 CrPC
Section 138 NIA
Leave to appeal
Condonation of delay
Supreme Court precedent

Judgment

                                                                                           24 ALP 168-22.DOC



LAXMI
SUBHASH
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE
                                     CRIMINAL APPELLATE JURISDICTION
Digitally signed
by LAXMI
SUBHASH
SONTAKKE
Date: 2026.01.13
15:27:44 +0530
                            APPLICATION FOR LEAVE TO APPEAL NO. 168 OF 2022


                   Axis Bank Limited                                               ...Appellant
                          Versus
                   State Of Maharashtra And Anr                                    ...Respondents

                                                        _______
                   Mr. Nitin Morajkar i/b. Vidhii Partners for the Appellant.
                   Mr. Avinash Kamkhedkar, APP for the State.
                                                         _______

                                               CORAM:          AARTI SATHE, J.

                                               DATE:           13th JANUARY 2026
                   P.C.

                   1.         The present Application is preferred under Section 378(4) of the Code

                   of Criminal Procedure, 1973, challenging the judgment and order of acquittal

                   passed in Criminal Case No. 1913/SS/2015 (old C.C. No. 1947/SS/2010) by the

                   learned Metropolitan Magistrate, 23rd Court at Esplanade, Mumbai whereby the

                   Respondents came to be acquitted of the offence punishable under Section 138 of

                   the Negotiable Instruments Act, 1881.


                   2.            Learned counsel appearing for the Applicant submits that the

                   Applicant is the original complainant as well as the victim in the present case.


                   3.            Learned counsel further submits that in view of the recent decision of

                   the Hon’ble Supreme Court in Celestium Financial Services Pvt. Ltd. v. A.

                   Gnanasekaran, reported in 2025 SCC OnLine SC 1320, the Applicant would be

                   entitled to prefer an Appeal under Section 372 of the Code of Criminal Procedure,


                                                      Page 1 of 3
                   Laxmi
                                                                      24 ALP 168-22.DOC



1973. He, therefore, seeks leave to withdraw the present Criminal Application with

liberty to file an Appeal under Section 372 of the Code before the learned Sessions

Court.


4.         Reserving the liberty as prayed for, the Applicant is permitted to

withdraw the present Application, in view of the settled legal position as

enunciated by the Hon’ble Supreme Court in Celestium Financial Services Pvt.

Ltd. (supra).


5.         If such Appeal is filed before the learned Sessions Court within a period

of eight (8) weeks from today, the Applicant shall be entitled to the benefit of the

period during which the present Application remained pending, for the purpose of

seeking condonation of delay, if any.


6.         If the applicant prefers an Appeal within a period of 8 weeks as

directed, before the learned Sessions Court, considering that the proceedings in

respect of which the Summary Criminal Cases have been preferred are old

proceedings, the Sessions Court may expeditiously decide the Appeal filed before

it.


7.         The Registry is directed to verify and return the original certified copy

of the impugned judgment and order to the learned Advocate for the Applicant,

for the purpose of filing the Appeal before the Sessions Court, 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.




                                   Page 2 of 3
Laxmi
                                                                        24 ALP 168-22.DOC



8.         The Application is accordingly disposed of as withdrawn with the

aforesaid liberty. Any Interim Application, if pending, shall also stand disposed of.




                                            (AARTI SATHE, J.)




                                   Page 3 of 3
Laxmi

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