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1987 Supreme(P&H) 497

PRITPAL SINGH
Bhim Sen – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr R.S. Ghai, Sr. Advocate with Mr. Bipan Ghai, Advocate.
For the Respondent:Mr. K.S. Malik, Advocate.

JUDGMENT

Pritpal Singh, J. - In this petition, under Section 482 of the Code of Criminal Procedure, First Information Report No. 6. recorded at Police Station, Raipur Rani, district Ambala, on January 23, 1984, under section 409, Indian Penal Code, against. the petitioner Bhim Sen is sought to be quashed.

2. In the impugned First Information Report lodged by the Assistant. Registrar, Co-operative Societies, Ambala, it was alleged that the petitioner Bhim Sen, ex-liquidator of the Morni Hills Carpet Daree P.C.I.S. Ltd., Morni, has embezzled a sum of Rs. 4392/-. After investigation of the case challan Was presented before the Court in January 1987 for the case to be tried under section 409, Indian Penal Code.

3. The contention on behalf of the petitioner is that since he was appointed as Liquidator under section 106 of the Haryana Co-operative Societies Act (hereinafter called the Act) the offence allegedly committed by him fell under section 117(5) of the Act and not under section 409, Indian Penal Code. This offence is punishable with six months imprisonment it is submitted that the cognizance of this case, therefore, I was taken by the trial Court in January 1987 beyond the period







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