GURDEV RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) THIS petition is directed against the order of Judicial Magistrate 1st Class, Hoshiarpur dated 17th December, 1988, whereby, the complaint filed' fey respondent-wife, was held to be well within time, and, the application filed by accused-petitioner was dismissed on the ground, that, cognizance of the offence under Section 405/406 of the Indian Penal Code could be taken with regard to misappropriation of articles of" dowry constituting Istri Dhan relating to the year 1982, even though the complaint was filed after the said offences.

(2.) BEFORE condoning the delay the learned trial Court took into consideration two factors, firstly, that the complainant-wife had moved an application for obtaining decree of divorce against the present petitioner under Section 13 of the Hindu Marriage Act, 1955 and the decree for divorce was granted by the District Judge, Hoshiarpur on 12th August, 1986; secondly, that the complainant wife had served regular notice to the husband on 15th August, 1986, whereby, the petitioner husband was asked to return all the articles of dowry constituting the Istri Dhan and for this purpose two, or, three months time was utilized.

(3.) ON behalf of the petitioner it was urged that no application for condonation of delay for taking cognizance was moved on behalf of complainant wife. This submission of the counsel for the petitioner would not be sufficient to set aside the impugned order passed by the learned trial Court, inasmuch as the wife had replied to the application moved on behalf of the husband, wherein, the objection that no cognizance could be taken after period of four years had been taken.