Questions urged for a decision are:

(i) whether an accused against whom the complaint was withdrawn by the complainant and consequently was acquitted, could even after expiry of two (2) years from the date his property was attached seek release of attachment and restoration of the property, under sub sec.(3) of Sec.85 of the Criminal Procedure Code (for short "the Code') ?

(ii) Whether, Sec. 4 to 24 of the Indian Limitation Act, 1963 (for short "the Act" would apply to the period of two years mentioned in sub sec.(3) of Sec.85 of the Code?

2. A resume of facts is necessary for decision of the question. The 2nd respondent filed a complaint before learned Judicial First Class Magistrate-II, Aluva alleging that petitioner committed offence under Section 138 of the Negotiable Instruments Act. Learned Magistrate issued summons to the petitioner. He appeared through counsel but thereafter there was no appearance. Learned Magistrate initiated steps under Secs.82 and 83 of Code on 04-06-2003. The property (allegedly) belonging to the petitioner was attached by 05-06-2004 and on 05-07-2004 learned Magistrate received report of the Village officer to that effect. The case was in