GRASIM INDUSTRIES LIMITED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Section 482 read with Section 401 of the code of Criminal Procedure is at the instance of M/s. Grasim Industries limited and is directed against the judgment and order dated 9th June, 2004 passed by the learned Additional Sessions Judge, 2nd Fast Track court, Bichar Bhavan, Calcutta in Criminal Revision No. 176/2003 holding that the proceedings initiated in Complaint Case No. 3109/2000 on the basis of complaint filed by the petitioner herein alleging infraction of sections 138/141 of the Negotiable Instruments Act was not maintainable on the ground of limitation. Therefore, the complaint, so filed by the petitioner herein was dismissed allowing the revisional application filed under Section 397 read with Section 399 of the Code of Criminal Procedure by the Opposite Party Nos. 2 and 3/accused persons herein.

(2.) NONE appeared for the Opposite Party No. 1 -State of West Bengal to resist the instant application.

(3.) LEARNED Counsel appearing on behalf of the petitioner submitted that the learned Revisional Court failed to consider that the amended provisions of law appended in Section 142 of the Negotiable Instruments act is not applicable in the instant proceedings and the learned Judge came to a wrong finding that the complaint case filed by the petitioner was barred by limitation. The period of limitation has to be reckoned from 7. 6. 2000 that is the date on which the postal authority informed the petitioner vide letter dated. 7. 6. 2000 that the notice was served upon the Opposite Party Nos. 2 and 3 herein on 11. 3. 2000. As the complaint was filed on 6. 7. 2000, the same was well within time. Learned Counsel relied oh a decision of this court in the Case of Bhabani Shankaragarwal v. The State of West Bengal, reported in 2006 (2) C Cr LR (Cal) 355 and also on a decision of the Hon'ble apex Court in the case of Prem Chand Vijay Kumar v. Yashpal Singh and anr. , reported in 2005 (4) Supreme Court Cases 417.