1. In this petition for revision, the summoning and charging of the petitioner to stand trial under Section 500, Indian Penal Code, has been challenged solely on the ground that the Magistrate took cognizance of the offence beyond the period of limitation. It stands undisputed that offence under Section 500, Indian Penal Code, can attract punishment to the accused up to two years simple imprisonment and the complaint has to be filed in Court within a period of three years from the date of the commission of the offence. The offence in the instant case was committed by the accused-petitioner on May 20, 1975 by lodging a First Information Report at the Police Station, allegedly containing defamatory statements against the complaint-respondent. The trial on that First Information Report was launched in Court on July 13, 1977 but it ended in acquittal of the complainant-respondent on February 11, 1980.

2. Learned counsel for the petitioner contends that the Magistrate was required at the pre-cognizance stage to first settle the question of limitation, as prima facie, the complainant had disclosed that the period of limitation had been computed from the date of the acquittal thou