KAILASH OJHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of cognizance dated 23.12.2005 passed by the Learned S.D.J.M. (S), Cuttack In I.C.C. Case No. 14 of 2000 is under challenge in this revision.

(2.) MR . D.R. Mohapatra, Learned Counsel for the Petitioner submits that the cause of action as noted in the complaint petition by Opp. Party No. 2, arose on 10.10.1999, but the order of cognizance was passed on 23.12.2005, i.e., more than three years after the date of occurrence and so the proceeding is barred by limitation under Section 468 of the Code of Criminal Procedure. Despite valid service of notice, no one appears on behalf of Opp. Party No. 2 to counter the claim of the Petitioner.

(3.) THE Section thus clearly says that in case of offences punishable with imprisonment for a term of more than one year but not exceeding three years, the period of limitation for cognizance is three years from the date of offence.