MAHENDRA KUMAR LOHIA Vs. SITARAM MORE

JUDGEMENT

(1.) This application under S. 482 of the Code of Criminal Procedure, 1973 is for quashing the criminal proceeding registered as C. R. Case No. 3260 of 1984 pending before the learned Judicial Magistrate, Ist Class, Nowgong.

(2.) Briefly stated the facts are as follows : The petitioner No. 1 herein filed a complaint petition on 3-8-1981 under S. 407/134, IPC against the opposite party herein along with three other persons. Finally the above petition came up before the learned Court on 21-9-1984 and on that date the complaint was dismissed for non-appearance of the complainant, namely the petitioner No. 1 herein. Thereafter, the present complaint was filed by the opposite party on 7-11-1984 under S. 500/ 34, IPC against the petitioner No. 1 and other two persons, viz:- petitioners No. 2 and 3 before this Court. The complaint petition filed in the present proceeding is at Annexure-II and the initial statement is at Annexure-III to this petition. By the impugned order dated 7-11-1984 passed in the present criminal proceeding, the learned Judicial Magistrate after recording the statement of the complainant directed issuance of summons under S. 500/ 34, IPC against all the three petitioners herein. Hence the present petition.

(3.) Dr. Sarma, learned counsel for the petitioners averred that in view of S. 468, Cr.P.C. the present complaint petition is barred by limitation, inasmuch as the original complaint by the petitioner No. 1 herein was filed on 3-8-1981, whereas the present petition was filed on 7-11-1984, i.e. more than three years after the cause of action. On the other hand Mr. A. C. Sarma, learned counsel for the respondent has urged that as the final order in the earlier case was passed on 21-9-1984, the present petition was within time as on and from the said date, the cause of action arose in view of the final order passed.