- (1.) HEARD the parties.
(2.) THE petitioner has filed this application for quashing of the order dated 04.08.2007, taking cognizance of the offence U/s 414 IPC solely on the ground that the order taking cognizance is barred by limitation as prescribed U/s 468 (2) (C) of the Cr.P.C. Learned counsel for the petitioner submitted that from the FIR (Annexure - 2) lodged against the petitioner on 17.06.2000, it would appear that the commission of the offence U/s 414 IPC has been alleged to have taken place on 17.06.2000, whereas the police submitted charge sheet in the case against the petitioner U/s 414 IPC on 30.07.2007, on the basis of which the learned Magistrate took cognizance of the offence U/s 414 IPC on 04.08.2007, i.e. after more that seven years from the alleged dated of occurrence.
(3.) THE learned counsel for the petitioner further submitted that section 468(2) (c) of the Cr.P.C. provides a period of three years only as the period of limitation for taking cognizance of the offence, which is punishable with imprisonment for a term exceeding one year but not exceeding 3 years. He further submitted that section 414 IPC provides punishment for a maximum period of 3 years imprisonment and, therefore, the cognizance taken by the learned Magistrate on 04.08.2007 is apparently barred by law of limitation prescribed U/s 468 (2) (c) of the Cr. P.C., because it was taken after an expiry of about seven year from the date of alleged offence of commission.;