Usha Kiran Enterprises' Appeal Application Withdrawn

Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: 03 September 2026

Case Overview

• Applicant: Usha Kiran Enterprises Pvt Ltd (complainant) in a Section 138 Negotiable Instruments Act case.
• Respondents: Navnath Waghmare and V N Timber Traders & Anr (accused).
• The impugned order dated 24‑07‑2024 dismissed the complaint, resulting in acquittal of Respondent No.1.
• Counsel for the applicant invoked the Supreme Court judgment in M/s. Celestium Financial Vs. A. Gnanasekaran (2025 SCC OnLine SC 1320) to seek leave to appeal under the proviso to Section 372 CrPC.
• The application was filed within the prescribed time.

Final Outcome

• The High Court disposed of the leave‑to‑appeal application as withdrawn, reserving liberty to the applicant to file an appeal before the concerned Sessions Judge.
• The applicant may file the appeal within four weeks from the order date; any time spent prosecuting this application will be excluded under the Limitation Act, 1963 and Section 470 of the CrPC.

Topics: Legal Appeal Procedure, Section 138 NI Act, Court Order