STATE OF ASSAM Vs. ABDUL SAMAD

JUDGEMENT

(1.) THIS is an application under Section 378(1) and (3) of the Code of Criminal Procedure praying for special leave to appeal against the judgment and order 22.2.85 passed by the learned Munsiff-Magistrate 1st Class, Goalpara in Complaint Case No. 120/83 under Section 83 -A(3) of the Assam Co -operative Societies Act, shortly, 'the Act' acquitting the Respondent from the charge under that Section.

(2.) THE aforesaid Complaint Case No. 120/83 was instituted by the Bakijai Officer, Co -operative Societies, Goalpara against the Respondent on the ground, inter -alia that a sum of Rs. 1028.24 was recoverable from him under the Act and for recovery thereof a demand notice was served on the Respondent on 29.10.82 asking him to pay the said amount and on failure of the Respondent to pay the amount in question the instant prosecution was launched. The learned Munsiff -Magistrate found on scrutiny that the demand certificate was issued on 19.1.82 under Section 83 -A(2) of the Act on the Respondent asking him to repay the amount due within a period of 30 days from the date of receipt of the certificate, provided that the period during which the payment was to be made might be extended by the Registrar for another period not exceeding thirty days for reasons to be recorded in writing. Under Sub -section (3) of Section 83 -A of the Act any person violating the provisions of Sub -section (2) above shall, on conviction be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

(3.) IN the instant case the demand certificate having been served on 19.1.82 the Respondent had thirty days time to make the payment, i.e., within 19.2.82. Admittedly the complaint was filed on 2.3.83 i.e., after one year of the commission of the offence. There is nothing to show that the period for payment was extended by the Registrar. Under Section 468 of the Code of Criminal Procedure EXCEPT as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in Sub -section (2), after the expiry of the period of limitation. The period of limitation shall be -