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Bombay High Court

Eknath s/o Dhanaji Sali DiedversusDr Vishal R Bhandari

Decided
Disposal
Disposed Off

Holding

The application is disposed of as withdrawn, with liberty granted to the applicants to file an appeal within four weeks, and the time spent on the withdrawn application excluded from limitation calculations.

Summary

The applicants, who were acquitted in a case under Section 138 of the Negotiable Instruments Act, filed an application seeking leave to appeal the acquittal. Their counsel, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025), requested to withdraw the leave application while preserving the right to file an appeal under the proviso to Section 372 of the CrPC. The court noted that no notice had been served on the respondents and, after considering the cited judgment, allowed the withdrawal of the application. It further granted the applicants liberty to file an appeal, together with a condonation of delay, within four weeks, and ordered that the time spent on the present application be excluded from limitation calculations under Section 470 of the CrPC and the Limitation Act. The application was therefore disposed of as withdrawn, with the stated conditions.

Issues considered

  • Whether the applicants may withdraw their leave application and still retain the right to file an appeal against the acquittal under the proviso to Section 372 CrPC in light of Celestium Financial v. A. Gnanasekaran.
  • Whether the time spent on the withdrawn application can be excluded from limitation period calculations for the subsequent appeal.

Legislation cited

Subjects

  • Section 138 NI Act
  • appeal against acquittal
  • leave application
  • withdrawal
  • limitation period
  • CrPC
  • Celestium precedent

Judgment

                                                                          1.cri.alp.24.2026.doc
       Digitally
       signed by
       VINA
VINA   ARVIND
ARVIND KHADPE
KHADPE Date:                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       2026.08.27
       17:26:35
       +0530                         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
                                                        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


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