PADMAKAR ANANT BHAGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner and appellant in person. THE aforesaid criminal Revision Application and the Criminal appeal arise out of the same proceeding and being between the same parties, can be disposed of by this common judgment.

(2.) THE order impugned in the revision application is passed by the Additional Sessions Judge, Pune, in Criminal Revision Application No.362 of 1991 and thereunder the order of the Judicial magistrate (A. C.), F. C. , Pune, issuing process for offences under sections 403 and 406 of the Indian Penal Code, in Criminal Case No.396 of 1991, on his file, has been set aside holding that the complaint filed by the petitioner before the Magistrate was barred by limitation.

(3.) THAT order came to be challenged by Respondents Nos. 2 and 3 before the Sessions Court, Pune by preferring Criminal Revision Application No.362 of 1991. The Additional Sessions Judge, Pune, accepted the contention of Respondents Nos. 2 and 3 - original accused, in the complaint, that the period of limitation for filing the complaint for the offence under section 406 of the I. P. C. was of 3 years under section 468 of the criminal Procedure Code, and that for offence under section 403, of one year and having regard to the fact that offence was committed on 4-11-1982 the complaint filed by the petitioner on 1st January 1990, was clearly barred by limitation.