DATE: 6th October 2025 P.C.

1. The Applicant has approached this Court by filing the present leave to appeal against the Judgment and Order dated 09.3.2021, passed by the Judicial Magistrate First Class, Mapusa in Criminal Case No.173/OA/NIA/2011/F. The Judicial Magistrate First Class, Mapusa, had acquitted the Respondent herein (original Accused) under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as " NI Act ").

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2. In the case of Celestium Financial V/s A. Gnanasekaran & ors.1, the Hon'ble Supreme Court in paragraph nos. 9 and 10 has held as under:

3. In view of the said ruling of the Apex Court, the Applicant herein, who is the victim/complainant can approach the Sessions Court under Section 413 of BNSS (old Section 372 of Cr.P.C) in order to challenge the said impugned Judgment and Order dated 9.3.2021 passed by the Judicial Magistrate First Class, Mapusa.

4. The learned Counsel for the Applicant has also not disputed the said position of law and argued that if liberty is granted and delay is condoned, she is ready and willing to approach the Sessions Court under Section 413 of BNSS.

5. Section 413 of BNSS reads as under:

6. Taking into consideration the above and the Judgment passed by the Hon'ble Supreme Court, there can be no doubt that the victim has a right to prefer an appeal against the order passed acquitting the Accused, and such an appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court, and therefore liberty is granted to the present Applicant to withdraw the leave to appeal and approach the Sessions Court by filing appropriate proceedings to challenge the impugned Judgment and Order dated 9.3.2021.

7. As the Applicant had approached this Court albeit delay, the delay was condoned vide order dated 13.11.2024 thereafter the Leave to Appeal was pending before this Court. As the Leave to Appeal was pending before this Court, the delay in approaching the Sessions Court to challenge the impugned Judgment and Order dated 9.3.2021 is condoned. The Registry to return the original certified copy of the impugned Judgment and order dated 4 5 ::: Uploaded on - 07/10/2025 ::: Downloaded on - 07/10/2025 22:03:08 ::: CRMA 76 OF 2024 9.3.2021, to the Applicant, which shall be replaced by a photocopy of the same in the records of the Court.

8. The Applicant shall approach the Sessions Court within a period of one week.

9. The Application is allowed to be withdrawn and disposed of accordingly.

10. In view of the above, nothing survives in Criminal Appeal No. 865 of 2021-Filing and hence the same stands disposed of.

SHREERAM V. SHIRSAT, J.

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