The leave petition must be returned to allow the appellant to file an appeal before the Sessions Court, with exclusion of the petition's pendency period from the limitation calculation.

ORDER

Dated, this the 18th day of March, 2026 This criminal leave petition has been filed under Section 419 (4) of the Bharatiya Nagarik Suraksha Sanhita , 2023, at the instance of the complainant in C.C No. 1810/2014, on the files of the Special Court of Judicial Magistrate of the First Class, for the trial of cases under Section 138 of N.I. Act, 1881, Thiruvananthapuram, seeking leave of this Court to file appeal challenging the judgment of acquittal in the above case dated

21.12.2024.

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 file appeal before the Sessions Court concerned, with the aid of proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

3. Hence, this leave petition is returned with liberty to file appeal before the Sessions Court concerned. It is made clear that the period of pendency of this Crl.L.P., from 26.03.2025 till date, shall be excluded from calculating the period of limitation for filing appeal before the Sessions Court concerned.

Three weeks' time from today is granted to the leave petitioner to file the appeal before the Sessions Court concerned.