Sunita Pradeep Kankariya v. Suhas Balasaheb Sawkar

9-ALP-143-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT.) NO.143 OF 2025 Sunita Pradeep Kankariya and Ors. ...Applicants/Appellants SATISH RAMCHANDRA SANGAR V/s.

Suhas Balasaheb Sawkar and Anr.

...Respondents

SATISH RAMCHANDRA SANGAR Date: 2025.06.30 11:21:46 +0530 ***** Mr.Jagdish Chaudhary i/b. M/s.

Raj Legal:- Advocate for Applicants/Appellants.

Ms.Sangita E. Phad:- APP for Respondent No.2-State.

*****

CORAM

:

S. M. MODAK, J.

DATE :

27th JUNE 2025 P. C. :- 1.

Heard learned Advocate for the Applicants/Complainants. 2.

Leave is sought against the judgment of acquittal for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act"). According to the learned Advocate, even though the Hon'ble Supreme Court in case of M/s. Celestium Financial V/s. A. Gnanasekaran Etc.1 has concluded that the Complainant in a prosecution under Section 138 of the NI Act falls within the meaning 2025 SCC OnLine SC 1320 Satish Sangar 1/2

9-ALP-143-2025.doc of 'victim', still he has got option open to sought a leave as per the provisions of Sub-section 4 to Section 378 of the Code of Criminal Procedure, 1973 ("Cr.P.C."). He relied upon the observations in case of Kushal Kawaduji Singanjude V/s. Ramnarayan Durgaprasad Agrawal (Kejadiwal)2. There is observation that "such an Appeal would lie under Section 378(4) and not under Section 372". 3.

By keeping that option open, let notice be issued to the Respondents returnable on 2 nd July 2025 . Private notice, in addition, is allowed. Affidavit of service be filed.

4.

There is a connected Leave Application bearing No.144 of 2025. In that matter also, similar issue is involved. Hence, issue notice in that matter also returnable on 2 nd July 2025 . Private notice, in addition, is allowed. Affidavit of service be filed.

[S. M. MODAK, J.] 2020(1) Mh.L.J.748 Satish Sangar 2/2