JAYANTA KUMAR MUKHERJEE Vs. STATE

JUDGEMENT

(1.) In the instant application under section 482 Cr PC the accused of Case No.43 of 1994 (T.R. 30 of 1994) pending in the Third Court of Judicial Magistrate has prayed for quashing the proceeding only on the ground of limitation.

(2.) It is submitted on behalf of the petitioner that the offence taken cognizance of being punishable with imprisonment for a term exceeding one year but not exceeding three years, the cognizance is hit by the mischief of section 468(2)(c) of Cr PC.

(3.) The cognizance was taken on the basis of a complaint lodged on 11.1.94 and process was issued against the petitioner under section 406 IPC on 27.1.94.