Bombay High Court
POPAT SUKHDEV SURYAWANSHIversusRANI NAVNATH JADHAV ALIAS RANI VITTHAL BUDHAVALE AND ANR.
- Disposal
- Disposed off as Withdrawn
Holding
The writ petition is disposed of as withdrawn with liberty to file a revision, and the time spent on the petition is excluded from limitation computation.
Summary
The petitioner, Popat Sukhdev Suryawanshi, filed a writ petition seeking a certiorari to quash a cognizance order dated 3 January 2026 issued by a Judicial Magistrate First Class for an alleged offence under Section 138 of the Negotiable Instruments Act, 1881. The petitioner’s counsel requested permission to withdraw the writ petition and instead file a criminal revision application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the Sessions Court. The respondent‑State did not oppose the request. The Court granted liberty to withdraw the writ petition and directed that the period spent pursuing the writ be excluded from the limitation period computation under Section 14 of the Limitation Act, 1963, provided the revision is filed within four weeks. The Court held that the petition could be disposed of as withdrawn with the liberty sought. The writ petition was consequently disposed of as withdrawn.
Issues considered
- Whether the petitioner may withdraw the writ petition and file a criminal revision under Section 438 BNSS before the Sessions Court.
- Whether the time spent pursuing the writ petition should be excluded from the limitation period under Section 14 of the Limitation Act, 1963.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 438
- Limitation Act, 1963 — s. 14
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- writ of certiorari
- revision
- limitation period
- Negotiable Instruments Act
- Section 138
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
1/2
12-WP-671-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 671 OF 2026
Popat Sukhdev Suryawanshi …...Petitioner
VERSUS
Rani Navnath Jadhav Alias
Rani Vitthal Budhavale And Anr. …...Respondents
_________________________________________________________________
Ms. Pushpanjali Kalebag (Through VC) a/w Mr. Ajay Parsekar, for the
Petitioner.
Mr. Chandrakant D. Mali, APP, for the Respondent-State.
_________________________________________________________________
Digitally
CORAM : ASHWIN D. BHOBE, J.
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.03
20:50:28
DATE : 3rd SEPTEMBER, 2026.
+0530
P.C.
1. By the present Petition, the Petitioner has sought the following
substantial relief:
“b. This Hon’ble Court be pleased to issue a writ of certiorari or
any other appropriate writ, order, or direction quashing and
setting aside the impugned cognizance order dated
03.01.2026 passed by the learned Judicial Magistrate First
Class, Atpadi, in SCC No.7 of 2026.”
2. Ms. Pushpanjali Kalebag, learned Advocate for the Petitioner,
submits that the order impugned in the present Petition is the order dated
3rd January, 2026, whereby process has been issued against the Petitioner
for the offence punishable under Section 138 of the Negotiable Instrument
Shantanu S. Dhudum
2/2
12-WP-671-2026 (CR).DOC
Act, 1881. She submits that against the said order Revision Application
under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, “BNSS”), would be maintainable before the Sessions Court. She,
therefore, on instructions from the Petitioner, seeks leave to withdraw the
present Petition with liberty to file a Criminal Revision Application against
the order dated 3rd January, 2026 before the Sessions Court having
jurisdiction.
3. This request is not opposed by Mr. Chandrakant D. Mali, learned
A.P.P. for the Respondent-State.
4. In the event the Petitioner files the Revision Application, as
stated by Ms. Pushpanjali Kalebag, learned Advocate for the Petitioner,
before the Sessions Court having jurisdiction within a period of four weeks
from today, the period spent by the Petitioner in pursuing this Petition
before this Court (i.e. from the date of filing of the present Petition till
today), shall stand excluded for the purpose of computation of the period
of limitation, in terms of Section 14 of the Limitation Act, 1963.
5. The aforesaid exclusion of time is granted as the Petitioner has
been pursuing this Petition before this Court in good faith and with due
diligence.
6. In view of the above, Writ Petition No.671 of 2026 is disposed of
as withdrawn with liberty as prayed for.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
Checking your session…