MAHESH AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - By this criminal misc. petition, a challenge is made to the proceedings in Criminal Complaint No.78/2007 pending before the Judicial Magistrate, Rajakhera. It is on a complaint under section 138 of the Negotiable Instruments Act, 1881.

(2.) Learned counsel for petition submits that process under section 204 Crimial P.C. has been issued vide the impugned order. It is in ignorance of the fact that the complaint was not filed within limitation.

(3.) The non-petitioner filed complaint showing it to be within limitation. The learned court below issued the process, ignoring the issue of limitation.