Bombay High Court

NITIN AMARATLAL SONIversusCHETAN CHANDRAKANT SHAH AND ORS

Decided: 8 May 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The appeal is allowed to be withdrawn with liberty to file a fresh appeal before the Sessions Court.

Summary

In Criminal Appeal No. 1394 of 2018, Nitin Amaratlal Soni sought to withdraw his appeal against Chetan Chandrakant Shah and others and to file a fresh appeal before the Sessions Court. The appellant, through counsel, relied on the Supreme Court’s decision in Celestium Financial Ltd. v. Ghanasekaran (2005) SC 2099, which permits withdrawal of an appeal with liberty to re‑file in a lower court. The Bombay High Court, after hearing both parties, allowed the withdrawal and directed that the appeal be dismissed as withdrawn. The Court also instructed the Sessions Court to consider any delay if the appeal is later filed there. Additionally, the appellant was permitted to retrieve a certified copy of the impugned order for the purpose of filing the new appeal.

Issues considered

Whether an appellant may be permitted to withdraw an appeal and obtain liberty to re‑file the same matter before the Sessions Court.

Subjects

withdrawal of appeal
criminal procedure
re‑filing of appeal
appellate jurisdiction
procedural law

Judgment

                                                      52-APEAL-1394-2018 (CR).doc


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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO. 1394 OF 2018

                              Nitin Amaratlal Soni
                                     Versus
                        Chetan Chandrakant Shah and ors.

_________________________________________________________________

Mr. Rajender Singh Saluja, Advocate for Applicant.
Ms. Gauri Rao, APP for Respondent-State.
_________________________________________________________________

                                       CORAM      :     SHIVKUMAR DIGE, J.
                                       DATE       :     8th May, 2026.
P.C. :



1.             Heard learned counsel for Appellant and learned APP for the

Respondent No.2-State.

2.             Learned counsel for Appellant on instructions seeks leave to

withdraw this appeal with liberty to file appeal before the              learned

Sessions Court as per the view of the Hon'ble Apex Court in the case

Celestium Financial Vs. Ghanasekaran Etc.1

3.             Considering the submission of learned counsel for Appellant,

Appeal is allowed to be withdrawn with aforesaid liberty.

4.             Appeal is dismissed and disposed of as withdrawn.

5.             Learned Sessions Court shall consider the delay, if appeal is

1    (2005) SC 2099.

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                                                  52-APEAL-1394-2018 (CR).doc


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filed as application was pending before this Court.

6.         Learned advocate for the applicant is permitted to take back

certified copy of the impugned order for filing the appeal in 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.

                                               (SHIVKUMAR DIGE, J.)




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