IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 5 OF 2010 IN STAMP NUMBER MAIN NO. 4 OF 2010 THE BICHOLIM URBAN COOPERATIVE BANK LTD., THROUGH BRANCH MANAGER ... Applicant Versus MR. GANTA BALSUBAIAH ... Respondent Ms. N. Pimenta, Advocate for the Applicant. Coram:- N. A. BRITTO, J. Date:- 28th June, 2010 P.C.: Heard Ms. Pimenta, learned Counsel on behalf of the applicant/complainant. Respondent has not yet been served. The learned JMFC appears to have followed the general law of limitation when special law i.e. Section 92(1)(a) of the Maharashtra Co-operative Societies Act, 1960 as applicable to the State of Goa, was applicable. Moreover, last instalment was payable in January, 2006 and in this context, learned Counsel on behalf of the petitioner has placed reliance on the case of Deendayal Nagari Sahakari Pathasanstha Maryadit Co-op. Society V/s. Shri Satyawan Nagesh Gaonkar (2009 ALL MR (Cri) 3702). 2. Counsel on behalf of the petitioner has also submitted that the accused had made a payment on 25/09/2004 and in the light of the above, the learned Magistrate could not have dismissed the complaint stating that the subject cheque was given towards repayment of time barred date. 3. The first two submissions can be prima facie accepted. Hence, leave to appeal. Appeal be registered and admitted. Let action in terms of Section 390 Cr.P.C. be taken by the learned JMFC. Application disposed of. N. A. BRITTO, J. NH