MAHADEV Vs. SACHIN AND ORS.

JUDGEMENT

(1.) THIS Application is preferred by the applicant (original accused) challenging the judgment and order passed in Criminal Revision Application No. 108/2004 by learned Additional Sessions Judge, Buldana on 15th December, 2009 setting aside the common order passed on Exhs. 31 and 41 in Regular Criminal Case No. 47/2003 as well as the consequential order below Exh. 1 of disposal of said Regular Criminal Case.

(2.) FACTUAL matrix which can be summarized, is as under:

(3.) LEARNED counsel for applicant submitted that question of limitation is a pure question of law and the same can be raised at any stage of proceeding. It is submitted that complaint u/s. 138 was apparently barred by limitation and referring to various relevant dates demonstrated by complainant, the learned Magistrate came to the conclusion that complaint was barred by limitation and rightly dismissed the same.