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2026 Supreme(Online)(Ker) 25312

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
DEVANANDA BHAT – Appellant
Versus
NIMMY VARGHESE – Respondent
CRL.L.P. NO. 375 OF 2023 | C.C. NO.2428/2015

Advocates:
For the Appellants/Petitioners: SRI.SAJAN MANNALI, SMT.SANTHI K.PAI, SMT.V.N.SHASHIKALA
For the Respondents: SRI.VIPIN NARAYAN A.

Leave petitions under Cr.P.C. s.378(4) returned under BNSS s.413 proviso for direct Sessions Court appeal with limitation exclusion.

Headnote:The petitioner filed a criminal leave petition under Section 378(4) Cr.P.C. seeking leave to appeal against acquittal in a cheque dishonour case before the Magistrate Court. Relying on Supreme Court judgment in Celestium Financial v. A.Gnanasekaran [2025 (4) KHC 189] followed by this Court's decision in Soumya Gopal v. State of Kerala [2026 KHC OnLine 24], the Court found the petition maintainable only under the proviso to Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023. The Court returned the petition granting liberty to file appeal before Sessions Court with exclusion of pendency period from limitation. The sole issue was whether leave petition under Cr.P.C. remains valid post-Bharatiya Nagarik Suraksha Sanhita, 2023. The ratio decidendi holds that such petitions must be returned under BNSS proviso, allowing direct appeal to Sessions Court with time exclusion, as per binding Supreme Court precedent adapting to new procedural law. Leave petition returned with liberty to file appeal before Sessions Court, excluding pendency period from 14.09.2021 till date from limitation; three weeks granted.

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.

Three weeks’ time from today is granted to the leave concerned.

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2026 Supreme(Online)(Ker) 25312

IN THE HIGH COURT OF KERALA AT ERNAKULAMA. BADHARUDEEN, JDEVANANDA BHAT – AppellantVersusNIMMY VARGHESE – RespondentCRL.L.P. NO. 375 OF 2023 | C.C. NO.2428/2015

Leave petitions under Cr.P.C. s.378(4) returned under BNSS s.413 proviso for direct Sessions Court appeal with limitation exclusion.

Cases Referred (2)

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
DEVANANDA BHAT – Appellant
Versus
NIMMY VARGHESE – Respondent
CRL.L.P. NO. 375 OF 2023 | C.C. NO.2428/2015