Bombay High Court
SHREE SADGURU ENTERPRISES BUILDERS AND DEVELOPERS THROUGH ITS PROPRIETOR BHAVNA S MUCHALAversusRITESH KRISHNAKANT SHAH AND ANR
- Decided
- Disposal
- Dismissed
Holding
The writ petition is dismissed; the complaint is not barred by limitation.
Summary
The petitioner, Shree Sadguru Enterprises Builders, sought to quash a criminal complaint (SCC/1/2023) concerning a dishonoured cheque dated 1 June 2021, alleging that the complaint was filed beyond the limitation period. The cheque was deposited on 25 August 2021, dishonoured on 27 August 2021, and the complaint was lodged on 30 November 2021. The petitioner relied on a Supreme Court order in Suo Motu Writ Petition (Civil) No. 3 of 2020, which excluded the period from 15 March 2020 to 28 February 2022 from limitation calculations and provided a 90‑day grace period from 1 March 2022 where applicable. The Court examined the dates and concluded that the complaint was filed within the permissible limitation period as per the Supreme Court’s directive. Consequently, the writ petition was dismissed as there was no merit to the limitation argument.
Issues considered
- Whether the criminal complaint filed on 30 November 2021 is barred by limitation in view of the Supreme Court’s order excluding the period 15 March 2020 to 28 February 2022 and providing a 90‑day grace period from 1 March 2022.
Subjects
- limitation
- cheque dishonour
- criminal proceedings
- writ petition
- Supreme Court order
- extension of limitation
Judgment
skt 25 WP-3519-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3519 OF 2024
Shree Sadguru Enterprises Builders
and Developers through its
Proprietor Bhavna S Muchala … Petitioner
Vs.
Ritesh Krishnakant Shah
anr Anr. … Respondents
Mr. Mohd. Sadik Ibrahim Shaikh (through VC.), for the Petitioner.
Mr. S.V. Walve, APP, for Respondent No. 2-State.
CORAM : MADHAV J. JAMDAR, J.
DATE : 27th JULY, 2026.
P.C.:-
1) Heard Mr. Shaikh, learned counsel appearing for the Petitioner.
2) By the present Writ Petition, quashing of criminal proceedings
bearing No. SCC/1/2023 pending in the Court of JMFC at Vashi, Navi
Mumbai is sought on the ground that the said complaint is barred by
limitation.
3) Perusal of the record shows that the subject cheque is dated 1 st June,
2021. The said cheque was deposited in the bank on 25 th August, 2021 and
as per the instructions dated 27 th August, 2021, the said cheque was
dishonoured. The complaint has been filed on 30th November, 2021.
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27th July, 2026
skt 25 WP-3519-2024.doc
4) The Supreme Court of India in Suo Motu Writ Petition (Civil) No. 3 of
2020 (In Re: Cognizance for Extension of Limitation ) and the miscellaneous
applications filed therein directed that the period from 15th March 2020 till
28th February, 2022 shall stand excluded for the purposes of limitation as
may be prescribed under any general or special laws in respect of all
judicial or quasi judicial proceedings. It has been further directed that in
cases where the limitation would have expired during the period between
15th March, 2020 till 28th February, 2022, notwithstanding the actual
balance period of limitation remaining, all persons shall have a limitation
period of 90 days from 1st March, 2022. It has been further clarified that in
the event the actual balance period of limitation remaining, with effect
from 1st March, 2022 is greater than 90 days, that longer period shall apply.
5) Thus, there is no substance in the Petition as the complaint is lodged
on 30th November, 2021, i.e., within limitation as directed by the Supreme
Court by the said order. Accordingly, the Writ Petition is dismissed.
(MADHAV J. JAMDAR, J.)
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27th July, 2026
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