Prashant Kumar, J. - (1.) ANTICIPATORY bail application filed by Bibhuti Nath Singh, in connection with Complaint Case No. 204 of 2007 pending in the court of Chief Judicial Magistrate, Koderma, is moved by Sri B.K. Dubey, learned Counsel for the Petitioner and opposed by Sri A.B. Mahto, learned Counsel for the State and Sri Ashish Verma, learned Counsel for the opposite party.
(2.) IT is submitted by learned Counsel for the Petitioner that in the instant case, the cheque was dishonoured on 17.12.2006 and notice was given on 28.01.2007. Thereafter, the complaint filed on 11.04.2007 i.e. after the period of limitation. Hence, the complaint petition filed by the complainant is barred by limitation. Accordingly, it is prayed that Petitioner may be granted anticipatory bail. From perusal of record, I find that in the instant case, the court below took cognizance under Section 138 of the Negotiable Instrument Act as well as Section 420 of the Indian Penal Code. It is needless to say that the maximum punishment for the offence under Section 420 of the I.P.C. is seven years. As per Section 468 of the Code of Criminal Procedure, the limitation for taking cognizance in an offence punishable for more than three years is unlimited.
(3.) THUS , as per Sub ­Section 3 of Section 468 Code of Criminal Procedure if two offences are tried together then the limitation will be counted on the basis of limitation provided for severe offence.;