Bombay High Court

RAJKUMAR BABURAM GUPTAversusREHAMATULLAH M.S. KHAN AND ANR.

Decided: 23 January 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

The applicant is granted liberty to withdraw the Section 378(4) application and to file an appeal under Section 372 CrPC, with the pendency of the withdrawn application counted for condonation of delay.

Summary

The complainant, Rajkumar Baburam Gupta, filed a criminal application under Section 378(4) of the CrPC seeking leave to appeal an acquittal of Respondent No.1 in a complaint under Section 138 of the Negotiable Instruments Act. Relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025), counsel argued that the applicant was entitled to file an appeal under Section 372 of the CrPC and should be allowed to condone any delay by counting the pendency of the present application. The Bombay High Court, after considering the precedent, granted the applicant liberty to withdraw the application and to file a Section 372 appeal in the Sessions Court within eight weeks, permitting the period of pendency to be used for condonation of delay. The court also directed the return of a certified copy of the impugned order upon submission of a photocopy. The application was consequently disposed of as withdrawn, subject to the liberty granted.

Issues considered

Whether the complainant is entitled to file an appeal under Section 372 CrPC after an acquittal in a Section 138 NI Act case.
Whether the pendency of the Section 378(4) application can be counted towards condonation of delay for filing the Section 372 appeal.
Whether the Supreme Court decision in Celestium Financial v. A. Gnanasekaran is applicable to the present facts.

Legislation cited

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

Subjects

appeal
Section 372 CrPC
condonation of delay
acquittal
Negotiable Instruments Act
Criminal Procedure Code
Supreme Court precedent

Judgment

                                                                     9-ALP-452-2018.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          rrpillai
                                      CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL APPLICATION NO. 452 OF 2018

                        Rajkumar Baburam Gupta                        ….Applicant
                               vs.
                        Rehamatullah M. S. Khan and Another            … Respondents

                        Mr. Ram Mani Upadhyay for the Applicant.
                        Mr. D. J. Haldankar, APP for the Respondent - State.


                                                     CORAM : GAURI GODSE, J.

                                                     DATED : 23rd JANUARY 2026

                        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 no. 1 is 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. Gnanasekaran 1, the

           Digitally
           signed by
           RAJESHWARI   1 2025 SCC OnLine SC 1320
RAJESHWARI RAMESH
RAMESH     PILLAI                                      1/3
PILLAI     Date:
           2026.01.28
           14:24:25
           +0530
                                                9-ALP-452-2018.doc



applicant would be entitled to file an appeal under Section 372

of Code of 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 26th November 2018. 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.    Learned advocate for the applicant is permitted to take

back certified copy of the impugned order for filing the appeal

in the Sessions Courts, on submitting a photocopy of the
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                                              9-ALP-452-2018.doc



impugned order. Registry shall verify the photocopy and return

the certified copy to the learned advocate for the applicant.

6.    The Application is disposed of as withdrawn subject to

the aforesaid liberty.




                                            (GAURI GODSE, J.)




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