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. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 3rd SEPTEMBER, 2026. 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 SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.03 20:50:28 +0530 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