STATE OF HARYANA Vs. SHIV SINGH

JUDGEMENT

(1.) These Criminal Appeals Nos. 400/DBA, 401-DBA and 402-DBA, all of 1985, are directed against the judgment of Judicial Magistrate Ist Class, Fatehabad, District Hissar, dated 16-2-1985, who had acquitted the accused-respondents by holding that the challans were filed beyond the period of limitation.

(2.) We have heard the learned Additional Advocate General Haryana and the Counsel for the respondents.

(3.) Mr. Sethi, learned Addl. A. G. Haryana had assailed the judgment of the trial Court on the ground that S. 468, Cr. P.C. was not applicable to the facts of the case as the accused-respondents were charged under S. 471, IPC for fraudulently using promissory note and the punishment for the said offence is ten years as provided under S. 467, IPC. The said Section of the IPC provides punishment for ten years and not 3 years. Therefore, the provision of S. 468 Cr. P.C. is not applicable. On the other hand, the Counsel for the respondents has argued that the instant case is quite an old matter and no useful purpose would be served if the cases are remanded for fresh decision on merits.