24 - CR WP - 3263 - 2019.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3263 OF 2019 Vitthal Gopal Sapkal … Petitioner V/s. The State of Maharashtra & Anr. … Respondents Mr. Mohan M. Chavan i/by Mr. Rajaram V. Bansode for the Petitioner. Mr. Shrikant H. Yadav, APP for the State Mr. Pratik Patil i/by Mr. Kuldeep Nikam for Respondent No.2. CORAM : ASHWIN D. BHOBE, J. DATED : OCTOBER 5, 2026 P.C.: 1. Heard Mr. Mohan M. Chavan, learned Advocate for the Petitioner, Mr. Pratik Patil, learned Advocate for Respondent No. 2, and Mr. Shrikant H. Yadav, learned APP for the State. 2. By the present Petition, the Petitioner has sought the following substantive relief: “a. That this Hon’ble High Court may be pleased to issue writ of mandamus or certiorari or writ in the like nature, thereby quash and set aside the said impugned Criminal proceedings bearing S.C.C. No.173/2016 pending on the file of Ld. Judicial Magistrate First Class, Dahiwadi, Dist. Satara filed u/sec. 138 of the Negotiable Instrument Act against the present Petitioner by the present Respondent No.2.” 3. Mr. Pratik Patil, learned Advocate for Respondent No. 2, has VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.10.06 14:43:32 +0530 24 - CR WP - 3263 - 2019.docx raised an objection to the maintainability of this Petition on two grounds: First, that this Petition has been filed at a belated stage, that is, when the proceedings in S.C.C. No. 173 of 2016 were at the stage of recording the statement of the Petitioner under Section 313 of the Code of Criminal Procedure; and Second, that the Petitioner has not challenged the order issuing process dated 18th May 2017, which was to the knowledge of the Petitioner. He, therefore, requests for dismissal of this Petition with compensatory costs. 4. Faced with the said objection, Mr. Mohan M. Chavan, learned Advocate for the Petitioner, sought a pass-over to take instructions. After some time, at the request of Mr. Mohan M. Chavan, learned Advocate for the Petitioner, this Petition was taken up. 5. Mr. Mohan M. Chavan, learned Advocate for the Petitioner, on instructions from the Petitioner, seeks leave to withdraw the present Petition with liberty to file appropriate proceedings against the order issuing process. He states that the time spent in this Petition be excluded. 6. Mr. Pratik Patil, learned Advocate for Respondent No. 2, does not oppose the request for withdrawal of the Petition; however, he opposes the grant of liberty. 7. In view of the statement made by Mr. Mohan M. Chavan, learned VRJ 2 24 - CR WP - 3263 - 2019.docx Advocate for the Petitioner, leave is granted to withdraw the present Petition with liberty as prayed. 8. If any proceedings are filed by the Petitioner, then the Petitioner may request for exclusion of the time spent in this Petition. All objections of Respondent No. 2 with regard to limitation and on merits are left open. 9. Criminal Writ Petition No. 3263 of 2019 is disposed of as withdrawn. (ASHWIN D. BHOBE, J.) VRJ 3