LAWS(P&H)-2013-2-391

RAMESH MITTAL Vs. STATE OF HARYANA AND ANOTHER

Decided On February 11, 2013
RAMESH MITTAL Appellant
V/S
State Of Haryana And Another Respondents

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of criminal complaint No. 4 dated 22.12.2007/ 13.8.2009 (Annexure P- 1) titled as Hans Raj Batra vs. Ramesh Mittal as well as summoning order dated 16.1.2010 (Annexure P-2), whereby the petitioner was summoned to face the trial under Sections 499/ 500 of the Indian Penal Code, 1860 (IPC for short) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the complaint in question had been filed by the respondent after the expiry of period of limitation and hence, the same was liable to be quashed. In support of his arguments, learned counsel has placed reliance on Ram Murti and another vs. Madan Gopal, 2006 2 RCR(Cri) 346, wherein, in para 4, it was held as under:-

(3.) Learned counsel has further placed reliance on Surinder Mohan Vikal vs. Ascharj Lal Chopra, 1978 AIR(SC) 986, wherein, it was held as under:-