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 and Ors. …Applicants Vs. Arun Ramchandra Surve and Anr. …Respondents 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 8th September, 2026 16 APL-1900-2024.DOC skt 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 Accordingly, the Application is allowed to be withdrawn with liberty as sought. 4.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.] 8th September, 2026