A.P.CHOWDURI, J.

1. The short significant question for our decision is - whether the offence of criminal breach of trust punishable under Section 406 of the Indian Penal Code is a continuing offence.

2. While hearing Cri. Misc. No. 7923-M of 1989 J. S. Sekhon, J. noticed a conflict of views on the point. In Cri. Misc. No. 2985-M of 1989 (Renu and others V/s. The State of Haryana) decided by J. S. Sekhon, J. on 12/02/1990, and in Hakam Singh V/s. The State of Punjab 1989 (2) Recent Cr 442, decided by one of us (A. P. Chowdhry, J.), it was held that the offence under Section 406 was continuing offence. In Gurvel Singh V/s. Rajinder Singh, 1990 Marriage Law Journal 131, S. D. Bajaj, J., on the other hand, held that Section 496 did not amount to a continuing offence.

3. By order dated 3/05/1990, the learned Judge referred the aforesaid question for decision by a larger Bench. This is how the case has been heard by us.

4. Chapter XXXVI (Sections 467 to 473) relating to limitation for taking cognisance of certain offences was added in Code of Criminal Procedure, 1973, for the first time. Section 467 relates to definitions. Section 468 prescribes the period of limitation for vario