Pandhari Prasad Jewellers Through Its Proprietor Dilip Pandharinath Goregaonkar v. Darshan Nikhil Dhruv

025:BHC-AS:6 Megha 903_ALP_159_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL(PVT) NO.159 OF 2025 Pandhari Prasad Jewellers through its proprietor Dilip Pandharinath Goregaonkar ...Applicant V/s.

Darshan Nikhil Dhruv

...Respondent

______________ Mr. Tarun Shailesh Shrivariewa with Mr. Samarth S. Karmarkar i/b. M/s. Karmarkar and Associates for the Applicant. Ms. Rashmi S. Tendulkar, APP for Respondent-State. ______________ CORAM: SANDEEP V. MARNE, J.

DATED: 1 OCTOBER 2025.

P.C.:

1) The learned counsel appearing for the Applicant/Appellant, on instructions, seeks leave of the Court to withdraw the Application and the Appeal with liberty to file Appeal under the Proviso to Section 372 of the Criminal Procedure Code, 1973/Section 413 of Bhartiya Nagrik Suraksha Sanhita, 2023 before the Sessions Court in view of judgment of the Apex Court in Celestium Financial Versus. A. Gnanasekaran Etc.1 2) Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 2025 SCC OnLine SC 1320 Page No.

1 of 1 October 2025

Megha 903_ALP_159_2025.docx 3) If Appeal is filed before the Sessions Court within a period of four weeks, the Appellant/Applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 03/10/2025 12:01:26 Page No.

2 of 1 October 2025