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Bombay High Court

HARPAL GIRDHARILAL CHETWANIversusThe State of Maharashtra

Decided
Disposal
Disposed Off

Holding

The Court restored the leave application and granted condonation of delay, allowing the applicant to file an appeal under Section 372 CrPC within six weeks, with time exclusion under Section 470 CrPC and the Limitation Act.

Summary

The complainant, Harpal Girdharilal Chetwani, in a Section 138 Negotiable Instruments Act case, sought restoration of a previously dismissed leave application and condonation of a 101‑day delay in filing it. The applicant also requested liberty to file an appeal under Section 372 of the CrPC, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The Court allowed both the restoration of the leave application and the condonation of delay, directing that the leave application be treated as withdrawn but permitting the filing of an appeal within six weeks. It further ordered that the time spent on these applications be excluded from limitation calculations under Section 470 of the CrPC and the Limitation Act, 1963. Consequently, the applicant may now pursue an appeal before the appropriate Sessions Court with the benefit of the time exclusion.

Issues considered

  • Whether a dismissed leave application can be restored after a delay of 101 days.
  • Whether condonation of a 101‑day delay in filing the leave application is permissible.
  • Whether the applicant may be granted liberty to file an appeal under Section 372 of the CrPC in view of the Supreme Court’s precedent.

Legislation cited

Subjects

  • Section 138 NIA
  • Leave application
  • Condonation of delay
  • Restoration of leave
  • Section 372 CrPC
  • Section 470 CrPC
  • Limitation Act
  • Criminal appeal
  • Supreme Court precedent

Judgment

                                                                           4.cri.ia.3183.2026.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
       signed by
                                     CRIMINAL APPELLATE JURISDICTION
       VINA
VINA   ARVIND
ARVIND KHADPE
KHADPE Date:
       2026.09.24
       18:50:00
                              CRIMINAL INTERIM APPLICATION NO.3183 OF 2026
       +0530
                                                  WITH
                              CRIMINAL INTERIM APPLICATION NO.2375 OF 2026
                                                  WITH
                                CRIMINAL APPLICATION (ALP) NO.186 OF 2024

                    Harpal Girdharilal Chetwani                           … Applicant
                          Versus
                    The State of Maharashtra & anr.                       … Respondents
                                                    ***
                    Ms. Asmeeta Bhoir i/b. Mr. Manoj Gupta for the Applicant.
                    Ms. Sharmila Kaushik. APP for Respondent-State.
                    Mr. Vilas U. Waghmare, (through VC) for Respondent No.2.
                                                    ***

                                                          CORAM : M.M. SATHAYE, J.
                                                          DATE     : 24 SEPTEMBER, 2026
                    P.C. :

                    1.       Heard the learned Counsel for the parties.

                    2.       Above Applications are filed seeking restoration of Leave
                    Application and for condonation of delay of 101 days in filing such
                    application.

                    3.       The Applicant is the complainant in proceedings arising out of
                    Section 138 of the Negotiable Instrument Act, 1881. The Applicant is
                    seeking to challenge the order of acquittal of Respondent No.2 /
                    original accused.

                    4.       Learned counsel for the Applicant seeks leave to withdraw the
                    Leave Application with liberty to file an appeal under proviso of


                    Vina Khadpe                            1
                                                   4.cri.ia.3183.2026.doc




Section 372 of the Criminal Procedure Code, 1973, in view of the law
laid down by the Hon’ble Supreme Court in the case of Celestium
Financial Versus A. Gnanasekaran Etc.[2025 SCC OnLine SC 1320]

5.     Considering the request, application for condonation of delay
as well as application for restoration of the leave Application, are
allowed. Criminal Application (ALP) No.186 of 2024, is restored to
the file.

6.     On the request made by the learned Counsel for the Applicant,
Leave Application is disposed of as withdrawn, with liberty to file an
appeal before appropriate Sessions’ Court along with an Application
for condonation of delay.

7.     If such appeal and application for condonation of delay are
filed within a period of six weeks from today, time spent for
prosecuting the present matter (including Application for leave, for
restoration and condonation of delay) shall be considered for
exclusion as provided under Section 470 of Criminal Procedure Code,
1973 and the Limitation Act, 1963.

8.     Leave Application along with Interim Applications are disposed
of in the above terms.




                                             (M.M. SATHAYE, J.)




Vina Khadpe                          2


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