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The application is disposed of as withdrawn, with liberty granted to the applicants to file an appeal within four weeks, and the time spent on the withdrawn application excluded from limitation calculations.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 The application was therefore disposed of as withdrawn, with the stated conditions.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- Whether the time spent on the withdrawn application can be excluded from limitation period calculations for the subsequent appeal.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
- Code of Criminal Procedure, 1973 — s. 372, 470
- Limitation Act
- Negotiable Instruments Act, 1881 — s. 138
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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