VITTHAL GOPAL SAPKALversusTHE STATE OF MAHARASHTRA AND ANR

                                                                                24 - CR WP - 3263 - 2019.docx


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIRCUIT BENCH AT KOLHAPUR
       Digitally
       signed by
       VAIBHAV
VAIBHAV RAMESH
                                      CRIMINAL APPELLATE JURISDICTION
RAMESH JADHAV
JADHAV Date:
       2026.10.06
       14:43:32
       +0530



                                   CRIMINAL WRIT PETITION NO. 3263 OF 2019

                    Vitthal Gopal Sapkal                                    … Petitioner
                                 V/s.
                    The State of Maharashtra & Anr.                         … Respondents

                    Mr. Mohan M. Chavan i/by Mr. Rajaram V. Bansode for the
                    Petitioner.
                    Mr. Shrikant H. Yadav, APP for the State
                    Mr. Pratik Patil i/by Mr. Kuldeep Nikam for Respondent No.2.




                                                       CORAM         : ASHWIN D. BHOBE, J.

                                                       DATED         : OCTOBER 5, 2026
                    P.C.:


                    1.      Heard Mr. Mohan M. Chavan, learned Advocate for the Petitioner,

                    Mr. Pratik Patil, learned Advocate for Respondent No. 2, and Mr.

                    Shrikant H. Yadav, learned APP for the State.


                    2.      By the present Petition, the Petitioner has sought the following

                    substantive relief:

                            “a.     That this Hon’ble High Court may be pleased to issue writ of
                            mandamus or certiorari or writ in the like nature, thereby quash and set aside
                            the said impugned Criminal proceedings bearing S.C.C. No.173/2016
                            pending on the file of Ld. Judicial Magistrate First Class, Dahiwadi, Dist.
                            Satara filed u/sec. 138 of the Negotiable Instrument Act against the present
                            Petitioner by the present Respondent No.2.”

                    3.      Mr. Pratik Patil, learned Advocate for Respondent No. 2, has




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                                                    24 - CR WP - 3263 - 2019.docx


raised an objection to the maintainability of this Petition on two

grounds: First, that this Petition has been filed at a belated stage, that

is, when the proceedings in S.C.C. No. 173 of 2016 were at the stage of

recording the statement of the Petitioner under Section 313 of the Code

of Criminal Procedure; and Second, that the Petitioner has not

challenged the order issuing process dated 18th May 2017, which was

to the knowledge of the Petitioner. He, therefore, requests for dismissal

of this Petition with compensatory costs.


4.    Faced with the said objection, Mr. Mohan M. Chavan, learned

Advocate for the Petitioner, sought a pass-over to take instructions. After

some time, at the request of Mr. Mohan M. Chavan, learned Advocate

for the Petitioner, this Petition was taken up.


5.    Mr. Mohan M. Chavan, learned Advocate for the Petitioner, on

instructions from the Petitioner, seeks leave to withdraw the present

Petition with liberty to file appropriate proceedings against the order

issuing process. He states that the time spent in this Petition be

excluded.


6.    Mr. Pratik Patil, learned Advocate for Respondent No. 2, does not

oppose the request for withdrawal of the Petition; however, he opposes

the grant of liberty.


7.    In view of the statement made by Mr. Mohan M. Chavan, learned




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Advocate for the Petitioner, leave is granted to withdraw the present

Petition with liberty as prayed.


8.    If any proceedings are filed by the Petitioner, then the Petitioner

may request for exclusion of the time spent in this Petition. All

objections of Respondent No. 2 with regard to limitation and on merits

are left open.


9.    Criminal Writ Petition No. 3263 of 2019 is disposed of as

withdrawn.




                                          (ASHWIN D. BHOBE, J.)




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