SHREE SADGURU ENTERPRISES BUILDERS AND DEVELOPERS THROUGH ITS PROPRIETOR BHAVNA S MUCHALA v. RITESH KRISHNAKANT SHAH AND ANR
WP/3519/2024 · 2026-07-27
Writ Petition (Civil)body2024
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[ 2024 DAILYLAW 2027 (BOM) · dailylaw.ai ]
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[ 2024 DAILYLAW 2027 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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 1st June,
2021. The said cheque was deposited in the bank on 25th August, 2021 and as per the instructions dated 27th August, 2021, the said cheque was dishonoured. The complaint has been filed on 30th November, 2021. 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.) 27th July, 2026