Learned counsel for the petitioner after making a solitary

submission that the cognizance is taken beyond the period of

limitation as the offence alleged are the ones punishable under

Section 406 of IPC, which is punishable with an imprisonment

with three years.

2. He would further submits that the three years period got

over on the date on which the cognizance was taken as the first

3

statement was recorded on 01.02.2017 and cognizance is taken

on 25.02.2020, which is beyond the period of limitation.

3. The submission of the learned counsel for the petitioner

is unacceptable in terms of the law laid down by the Apex Court

in the case of AMRITLAL VS. SHANTILAL SONI AND OTHERS

reported in 2022 SCC Online SC 266, following the judgment of

the Constitution Bench in the case of SARAH MATHEW V.

INSTITUTE OF CARDIO VASCULAR DISEASES BY ITS

DIRECTOR DR. K.M. CHERIAN reported in (2014) 2 SCC 62,

that the limitation would commence when the criminal law is set

in motion that is, the date on which the complaint is registered

and not the date taking cognizance.

4. Learned counsel appearing for the petitioner would

submit that if he could not convince on this ground, he would

wish to withdr