SOHRAB KHAN Vs. MOFIJUL HOQUE

JUDGEMENT

(1.) Heard M. S.S. Sarma, learned Senior Counsel assisted by Mr. H.K. Buragohain, learned counsel for the petitioner. Initially none had appeared on call for the respondent although the name of the counsel for the respondent is reflected in the Cause-list, and as such at the request of this Court, Mr. B.B. Gogoi, learned Public Prosecutor has assisted this Court. Later on, Mr. M.H. Ahmed, the learned counsel for the respondent had appeared and he had made his submission.

(2.) By this petition under section 482 Cr.P.C., the petitioner has prayed for quashing of NICR Case No.2/2017 pending in the Court of learned Chief Judicial Magistrate, Chirang, Kajolgaon.

(3.) The petitioner is the accused in NICR Case No.2/2017 which was instituted under section 138 of the NI Act. The complaint case was beyond the prescribed period of limitation and, as such the said complaint case was accompanied by a separate application under proviso to section 142(b) of the NI Act read with section 5 of the Limitation Act which was registered as Misc. Case No.39/2016.