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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Disposed off as Withdrawn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The writ petition is disposed of as withdrawn with liberty to file a revision, and the time spent on the petition is excluded from limitation computation.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 The Court held that the petition could be disposed of as withdrawn with the liberty sought. The writ petition was consequently disposed of as withdrawn.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

Subjects

  • writ of certiorari
  • revision
  • limitation period
  • Negotiable Instruments Act
  • Section 138
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

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                                                                                    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


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