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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
DEVANANDA BHAT – Appellant
Versus
NIMMY VARGHESE – Respondent
| Table of Content |
|---|
| 1. petition seeks leave to appeal acquittal in n.i. case. (Para 2) |
| 2. returned under bnss s.413 with limitation exclusion. (Para 3) |
O R D E R
Dated this the 31stday of March, 2026This criminal leave petition has been filed underSection 378(4) of theCode of Criminal Procedure, at the instance of the complainant in C.C. No.2428/2015 on the files of the Judicial First Class Magistrate Court (N.I. Act Cases), Ernakulam, seeking leave of this Court to file appeal challenging the verdict in the above case dated 31.07.2018. 2. In view of the judgment of the Hon’ble Supreme Court inCelestium Financial v. A.Gnanasekaran etc.reported in[2025 (4) KHC 189], which was followed in the decision of this Court inSoumya Gopal v. State of Keralareported in[2026 KHC OnLine 24], this leave petition required to be returned to the leave petitioner with liberty to proviso toSection 413of theBharatiya Nagarik Suraksha Sanhita, 2023.
3. Hence, this leave petition is returned with liberty to clear that the period of pendency of this Crl.L.P. from 14.09.2021 till date shall be excluded from calculating the period of limitation for filing appeal before the Sessions Court concerned.
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