HARJIVAN LAXMAN PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The accused has filed this criminal miscellaneous application aggrieved by an order passed by the learned Sessions Judge Surendranagar in criminal revision application No. 31 of 1979 dismissing the said application of the accused and confirming the order dated 30/06/1979 passed by the learned Judicial Magistrate First class Bajana below Ex. 7 in criminal case No. 173 of 1979 praying for dismissal of the complaint on the ground that it was barred by limitation.

(2.) Under sec. 468(1) of the Criminal Procedure Code it is provided that Except as otherwise provided elsewhere in this Code no court shall take cognizance of an offence of the category specified in sub-sec. (2) after the expiry of the period of limitation. Sub-sec. (2) prescribed period of limitation at:

(3.) In the instant case the prosecution tried to explain the delay by saying that the District Co-operative officer made an inquiry in the matter and he submitted his report to the Assistant Registrar of Money lending. The inquiry was starred on 7-4-1977 and thereafter the complaint was filed on 29-1-1979. It was also sought to be explained on the ground that time was also taken in getting sanction from the competent authority for which an order was passed on 6-12-1978 in pursuance of an application made on 19-10-1978.