GURBHAGAT SINGH @ LALLI Vs. ROOR SINGH

JUDGEMENT

(1.) The present revision petition has been filed against order dated 10.12.2011 passed by learned JMIC, Ferozepur whereby charge under Section 406 IPC has been framed.

(2.) The impugned order has been challenged, mainly, on the ground that as per section 468(2)(c) CrPC, no court can take cognizance of an offence under Section 406 IPC after the expiry of period of limitation. The petitioner has been summoned for an offence under Section 406 IPC after the expiry of period of limitation of three years. While issuing notice of motion on 12.1.2012, the trial Court was directed to adjourn the case beyond the date given by this Court. Learned counsel for the petitioner has relied upon the judgment rendered in Wockhardt Hospital and Heard Institute v. Mr. G.R.Parthasarathi, 2008 3 AICLR 125.

(3.) Learned counsel for the respondent complainant opposes the submissions made by learned counsel for the petitioner on the ground that as per Section 469 CrPC, the period of limitation is not applicable and offence under Section 406 IPC is of continuing nature. The issue of limitation is not applicable in case of offence under Section 406 IPC. Learned counsel also submits that the respondent has made all efforts and an assurance was given to make payment of the amount but the same was not returned and many complaints were also made to the concerned authorities. Learned counsel also relies upon the judgment rendered in Bairo Prasad and another v. Smt. Laxmibai Pateria, 1991 CrLJ 2535.