PHARMA KURIES P LTD Vs. T J SOJU

JUDGEMENT

(1.) Is Section 5 of the Limitation Act applicable at all to a claim petition under Section 84(1) of the Code of Criminal Procedure This is the question of law raised in this revision petition directed against an order passed by the learned Magistrate dismissing a claim petition filed by the petitioner under Section 84(1) of the Code of Criminal Procedure.

(2.) The learned Magistrate dismissed the application on two grounds, namely the application has not been filed within the period of 6 months as stipulated in Section 84(1) Cr. PC. and that the right of the petitioner over the property has not been satisfactorily established.

(3.) To the skeletal facts first. A complaint was filed by the 2nd respondent herein against the 1st respondent alleging commission of an offence punishable under Section 138 of the N.I. Act. The complaint was filed in 1997. Long later after completing all proceedings, the matter came up for judgment on 6.3.2000. From that date, the accused started absconding. He is not available to be apprehended even now. Steps to procure the presence of the 1st respondent were taken by the learned Magistrate and an item of property over which he has rights was attached by the Court as per order passed under Section 83 of the Cr.P.C. on 3.12.02.