1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 961/2008 Dinesh Dattulal Agarwal and another vs. Jagdish Kanhaiyalal Joshi ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 16.04.2008 Heard Mr. Shingane, learned counsel for the applicants and Mr. Paliwal, learned counsel for respondent. 2. By this application, the applicants take exception to the order dated 21.11.2007 passed by the Additional Sessions Judge, Khamgaon in Criminal Revision No. 64 of 2007 by which the Revisional Court dismissed the Revision Application against the order dated 26.03.2007 passed by the Judicial Magistrate, First Class, Khamgaon issuing process against the applicants under Sections 406 and 420 of the Indian Penal Code. 3. Mr. Shingane, the learned counsel for the applicants states that the complaint was filed almost after 14 years of the alleged cause of action and, therefore, the complaint was barred by limitation. Although this point was taken in memo of revision before the Revisional Court from the impugned order it appears that the said ground was not pressed before the Revisional Court and as such the applicant is not entitled to raise this ground, for the first time, in an application under Section 482 of Cr.P.C.. In so far as the merits of the impugned order is concerned I find no perversity to interfere with the impugned order and the present application is 2` rejected. However, the point regarding the maintainability of the complaint on the ground that it is barred by limitation is kept open and the applicants are permitted to agitate the said ground before the Judicial Magistrate, First class. Subject to the observations made above, the application is rejected. Judge patle