S IRANI SORKHAB Vs. DINSHAW AND DINSHAW

JUDGEMENT

(1.) IT is an admitted position that the alleged offence is punishable for a period of three years and if the provisions under S. 468, Cr. P. C. are taken into consideration as it is, the period of limitation shall be three years only. The complaint thus having been filed on 18th April, 1992 is hopelessly time barred.

(2.) IT is for this reason that in the Courts below submissions were made that it be treated as continuing offence. The point has not found favour with either of the two Courts. The result was that the learned Magistrate dismissed the complaint on the ground of limitation by his order dated 7-3-1995, page 15. Same was the outcome of the Criminal Revision Application No. 412 of 1995 when the learned Additional Sessions Judge, Pune by order dated 20-9-1996 dismissed the revision. In short, both the Courts below have come to a conclusion that the period of limitation has started to run from the date when the offence was committed i. e. 10-10-1983 and the period being three years on and after 10-10-1986 they will be barred of statute of limitation.

(3.) IF the said reasoning is accepted, obviously the order has to be confirmed. In this regard on behalf of the petitioner original complainant, it was very strenuously urged that the matter has to be treated under S. 472 of the Code of Criminal Procedure where provision is made for a continuing offence.