BAWA HARBANS SINGH Vs. VERSHA RANI

JUDGEMENT

(1.) The petitioner has filed revision petition againstthe order dated 24.10.91, passed by the Metropolitan Magistrate, New Delhi. Thecomplaint has been dismissed on the ground of delay of more than one year in filingthe complaint under Sections 340 and 448 of the Indian Penal Code.

(2.) Admittedly, the alleged incident had taken place on 6th/ 7/08/1986.The complaint was filed on 31/01/1989. The maximum sentence which canbe awarded for an offence under Section 340, provided in Section 341,Indian Penal Code is onemonth and a fine of Rs. 500.00or both, and for an offence under Section 448,1.P.C.is one year or fine of Rs. 1000.00 or both. The complainant has also moved anapplication for condonation of delay.

(3.) The learned Metropolitan Magistrate has mentioned in the order that theaccused had filed complaints earlier also which were dismissed in default. Thedate of incident is 6/07/1986,. and complaint was filed on 3/01/1989.