( 1 ) BY this application dated 31. 01. 2995 under section 401 read with section 482 of the Cr. PC quashing is prayed for of the proceeding in Criminal Case No. C-1741 of 1996 under section 138 of the Negotiable instruments Act pending before the learned Metropolitan Magistrate, 13th court, Calcutta together with the challenge to the order dated 20. 12. 2004 passed by the said learned Magistrate rejecting the petition of the petitioners praying for their discharge from the case.

( 2 ) THE ground for quashing of the proceeding is that although notice in terms of the provisions of the N.. Act was received by the petitioners on 27. 07. 1996 the complaint was lodged with the learned Court under section 138 of the Act on 18. 09. 1996,. e. beyond the period of limitation as prescribed under the provisions of the Negotiable Instruments Act which is why the proceedings at the very inception was unlawful and not maintainable and in support of the contention the petitioners placed before the learned Trial court a decision of this Court reported in 2001 (1) CHN 235. The learned magistrate rejected the petition primarily on the ground that the question of limitation was raise