M/S. Kodai Automobiles Ltd. And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

GAYATRI RAJENDRA SHIMPI Date: 2026.04.04 11:54:12 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 19 OF 2026 M/s. Kodai Automobiles Ltd. & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. Vijay Agale, Advocate for Applicants.

Mr. V. B. Kondedeshmukh, APP for Respondent - State. --- CORAM : ASHWIN D. BHOBE, J.

DATE : 1st APRIL, 2026 P.C. :

1.

This Application was circulated by Mr. Vijay Agale, learned Advocate for the Applicants, on the grounds mentioned in the praecipe dated 1st April, 2026, the same is taken on record and marked as 'X' for identification.

2.

Mr. Vijay Agale, learned Advocate for the Applicants states that the challenge in the present Application is to the order issuing process by the Judicial Magistrate, First Class, 7th Court, Dadar, Mumbai in proceedings bearing No. 995/SS/2020 filed by

Respondent No. 2 under Section 138 of the NI Act, 1881. He submits that against the order impugned a Criminal Revision Application would be tenable before the Sessions Court. 3.

In view of the same, Mr. Vijay Agale, on instructions from the Applicants, craves leave to withdraw the present Application with liberty to approach the Sessions Court by filing a Criminal Revision Application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He however submits that the Applicants have filed this Application in good faith and the Applicants were pursuing this remedy bona fide, as such he requests for exclusion of time spent in this Application. 4.

Mr. V. B. Kondedeshmukh, learned APP for the State does not object to the said request made by Mr. Vijay Agale. 5.

In view of the statement made by Mr. Vijay Agale, leave granted to withdraw the present Application with liberty to file a Criminal Revision Application before the Sessions Court having jurisdiction.

6.

Applicants would be entitled to make a request to the Revisional Court seeking exclusion of time spent in this Application in terms of Section 14 of the Limitation Act, 1963. 7.

Criminal Application No. 19 of 2026 is disposed of as withdrawn.

(ASHWIN D. BHOBE, J.)