Chhaya Pralhad Gaikwad v. Samarth Krupa Developers

LSP 1 34 alp 222.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Application for Leave to Appeal No.222 of 2024 With Application for Leave to Appeal No.226 of 2024 Chhaya Pralhad Gaikwad ...

Applicant.

V/s.

Samarth Krupa Developers ...

Respondents.

Mr. Mohd. Akram Bastivi Advocate for the Applicant.

Ms. Preeti S.G. i/b. Jatin P.

Karida (Shah) Advocate for Respondent No.1 through v.c.

MR. C.D. Mali APP for the State.

CORAM : S.M. MODAK, J DATE : 26th June 2025.

P.C. :

This is the leave application to challenge the judgment of acquittal for an offence punishable under Section 138 of the Negotiable Instrument Act. As per the judgment of Hon'ble Supreme Court in the case of M/s. Celestium Financial v/s. A.Gnanasekaran etc.1 leave to prefer an appeal is not required. An Appeal can be filed under proviso to Section 372 of Cr.P.C. before the Sessions Court.

2.

Learned Advocate for the Appellant seeks direction to transfer these proceedings to City Civil and Sessions Court, Greater Mumbai. 2025 SCC OnLine SC 1320

LSP 2 34 alp 222.24.doc The Respondent No.1-accused is present. His Advocate appeared through video conferencing and seeks time to file Vakalatnama. 3.

The present applications are disposed of with liberty to move the Sessions Court. Liberty is also granted to pray for condonation of delay, if any.

(S.M. MODAK, J.)