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2026 Supreme(Online)(Ker) 6146

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
M/S. M. A. K CASHEW – Appellant
Versus
SREEBHADRA CASHEW COMPANY – Respondent
CRL.L.P. NO. 17 OF 2026(FILING NO)

Advocates:
For the Appellants/Petitioners: SRI.S.SREEKUMAR, SMT.NAMITHA RAJESH, SHRI.A.MOHAMMED ANAS, SMT.MALVIKA S KUMAR, SMT.NITHYA V.D.

The court established the admissibility of appeals post-verdict while considering the exclusion of certain periods in the limitation calculation, under specific statutory provisions.

Headnote:This leave petition challenges the verdict in C.C.No.141/2019 dated 26.04.2025 from the Judicial First Class Magistrate Court. Reliance is placed on the Supreme Court ruling in Celestium Financial v. A.Gnanasekaran, directing the return of the petition with liberty to file an appeal under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court clarifies that the period of this petition's pendency will be excluded from the limitation period for appealing.

Table of Content
1. the leave petition’s challenge based on prior case law. (Para 1 , 2)
2. clarification on appeal limitation exclusions. (Para 3 , 4)

O R D E R

This unnumbered Crl.L.P. has been filed challenging the verdict in C.C.No.141/2019 dated 26.04.2025 on the files of the Judicial First Class Magistrate Court-III, Kottarakkara.

2. In view of the judgment of the Hon’ble Supreme Court in Celestium Financial v. A.Gnanasekaran etc., reported in [2025 (4) KHC 189] , which was followed in the decision of this Court in Soumya Gopal v. State of Kerala reported in [2026 KHC OnLine 24], this leave petition required to be returned to the leave petitioner with liberty to proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

3. Hence, this leave petition and the appeal thereof are returned with liberty to file appeal before the Sessions Court concerned.

4. It is made clear that the period during which this Criminal Leave Petition has been pending before this Court, i.e., from 21.01.2026 to till date, shall be excluded while calculating the period of limitation for filing appeal Sd/-

A. BADHARUDEEN JUDGE

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2026 Supreme(Online)(Ker) 6146

IN THE HIGH COURT OF KERALA AT ERNAKULAMA. BADHARUDEEN, JM/S. M. A. K CASHEW – AppellantVersusSREEBHADRA CASHEW COMPANY – RespondentCRL.L.P. NO. 17 OF 2026(FILING NO)

The court established the admissibility of appeals post-verdict while considering the exclusion of certain periods in the limitation calculation, under specific statutory provisions.

Cases Referred (1)

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
M/S. M. A. K CASHEW – Appellant
Versus
SREEBHADRA CASHEW COMPANY – Respondent
CRL.L.P. NO. 17 OF 2026(FILING NO)