PATEL PARESH ATMARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Special Criminal Application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the petitioner herein - original complainant to quash and set aside the impugned order passed by the learned Judicial Magistrate, First Class, Mehsana dated 10.07.2007 passed below Exh.1 in Criminal Case No.226 of 2006 in dismissing the said complaint filed by the petitioner herein against respondent No.2 herein - original accused for the offence under Section138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act"). The petitioner has also challenged the impugned judgment and order dated 07.11.2007 passed by the learned Sessions Judge, Mehsana passed in Criminal Revision Application No.111/2007 in dismissing the said revision application and confirming the order passed by the learned Magistrate dismissing the complaint being Criminal Case No.226 of 2006 under Section 204 of the CrPC.

(2.) Facts leading to filing of the present petition in nut -shell are as under: -

(3.) Shri Jal Unwala, learned Advocate appearing on behalf of the petitioner has vehemently submitted that both the Courts below have materially erred in dismissing the complaint against respondent No. 2 herein for the offence under Section 138 of the NI Act on the ground that the said complaint was barred by limitation.