1 S.B.Cr.Misc.Petition No.1539/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC.PETITION NO.1539/2008 Sanjeev Kumar & Ors. Vs. State of Rajasthan & Anr. Date of Order : : 14/09/2009 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Rajendra Charan, for the petitioners. Mrs.Rajlaxmi Singh Choudhary, PP for the State. Mr.Vipin Mankad, for the respondent No.2 BY THE COURT: By the instant criminal miscellaneous petition under Section 482 Cr.P.C., the order dated 5.11.2008 passed by Sessions Judge, Hanumangarh (for short, “the Revisional Court” hereinafter) whereby the revision petition filed by the petitioners against the order dated 25.9.2008 passed by Judicial Magistrate, Hanumangarh (for short, “the trial Court” hereinafter) in Criminal Case No.108/2007, has been dismissed. I have heard learned counsel for the parties. Carefully gone through the orders passed by two courts below. It is contended by learned counsel for the petitioners that order taking cognizance is barred by period of limitation. 2 S.B.Cr.Misc.Petition No.1539/2008 In the instant case, the offences alleged against the petitioners are under Sections 498-A and 406 IPC. The period of Limitation would commence from the date the petitioners misappropriated and committed criminal breach of trust and declined to return the articles of the complainant entrusted to them. Keeping in the decision of Hon'ble Supreme Court in Bharat Damodar Kale Vs. State of Andhra Pradesh, (2003) 8 SCC 559, in my view, both the courts below were justified in passing the orders impugned. It cannot be said that the order of the trial court taking cognizance against the petitioners is barred by period of limitation. In this view of the matter, no case warranting interference is made out. The criminal misc. petition is devoid of merit and the same is hereby dismissed. (H.R.PANWAR), J. NK 3 S.B.Cr.Misc.Petition No.1539/2008 S.B.CRIMINAL MISC.STAY PETITION NO.2572/2008 IN S.B.CRIMINAL MISC.PETITION NO.1539/2008 Date of Order : : 14/09/2009 HON'BLE MR.JUSTICE H.R.PANWAR Mr.Rajendra Charan, for the petitioners. Mrs.Rajlaxmi Singh Choudhary, PP for the State. Mr.Vipin Mankad, for the respondent No.2 Since the criminal miscellaneous petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. NK