Bombay High Court

RITESH V SHAH AND ORSversusARUN RAMCHANDRA SURVE AND ANR

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the criminal application with liberty to adopt an alternate remedy and granted the benefit of Section 14 of the Limitation Act, 1963.

Summary

The Applicants filed a criminal application seeking to withdraw their earlier challenge to an order dated 16 March 2024 that authorized issuance of process under Sections 138 and 141 of the Negotiable Instruments Act. The Respondent argued that the proper remedy was a revision petition. The Court allowed the Applicants to withdraw the criminal application, granting them liberty to pursue the alternate remedy, and clarified that the Applicants could benefit from Section 14 of the Limitation Act, 1963 for the period from 19 December 2024 to 8 September 2026. The Court expressly noted that it did not consider the merits of the underlying dispute, leaving those issues open. Consequently, the criminal application was disposed of as withdrawn.

Issues considered

Whether the criminal application seeking to challenge the order can be withdrawn with liberty to pursue an alternate remedy
Whether the Applicants are entitled to the benefit of Section 14 of the Limitation Act, 1963 in view of the timing of the application

Legislation cited

Limitation Act, 1963 — s. 14
Negotiable Instruments Act, 1881 — s. 138, 141

Subjects

criminal procedure
revision
withdrawal of application
limitation
Negotiable Instruments Act
Section 138 NI Act
Section 14 Limitation Act

Judgment

                                                    16 APL-1900-2024.DOC
skt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
             CRIMINAL APPLICATION NO. 1900 OF 2024
Ritesh V. Shah                                         …Applicants
and Ors.
            Vs.
Arun Ramchandra Surve                                  …Respondents
and Anr.


Mr. Bhomesh Bellam a/w. Tejas Dinesh Kothalikar, for the
Applicants.
Ms. Duhita Desai, for the Respondent No.1.
Mr. S.V. Walve, APP for the Respondent No.2-State.


                      CORAM:      MADHAV J. JAMDAR, J.
                      DATE :      8th SEPTEMBER, 2026
P. C.:

1.       Mr. Desai, learned counsel appearing for the Respondents

states that there is an alternate remedy of revision to challenge the

impugned order dated 16th March 2024 passed by learned

Metropolitan Magistrate, 43rd Court, Borivali, Mumbai below

Exhibit 1 in C.C. No. 4303153/SC/2023 of issuance of process for

the offences punishable under Section 138 read with Section 141

of the Negotiable Instruments Act, 1881.



2.       In view of the said contention raised by learned counsel

appearing for Respondent No.1, Mr. Bellam leaned counsel



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                              8th September, 2026
                                                   16 APL-1900-2024.DOC
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appearing for the Applicant seeks withdrawal of the Criminal

Application with liberty to adopt appropriate alternate remedy.


3.    Accordingly, the Application is allowed to be withdrawn with

liberty as sought.

4.    However, it is clarified that since the impugned order is

dated 16th March 2022 and the present Application was filed on

19th December 2024, the Applicant will be entitled to avail the

benefit of Section 14 of the Limitation Act, 1963, for the period

from 19th December 2024 till 8th September 2026.


5.    It is further clarified that this Court has not considered the

merits and all contentions of the parties on merits are expressly

kept open.


6.    The Criminal Application is disposed of accordingly.



                                           [MADHAV J. JAMDAR, J.]




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                             8th September, 2026

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