Criminal Procedure Code, 1973, Section 239 -- Discharge - If cognizance of offence is taken beyond the period of limitation, it is time barred, there cannot be legal trial and in that case, charge would only be groundless and trial is a futile exercise - Accused discharged...........
Indian Penal Code, 1860, Section 294, 506, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 294, 506 IPC - Cognizance of offence - Limitation - Incident occurred on 18 Feb 2010 - Complaint filed on 9 Mar 2010 well within the period specified and hence not barred u/s 468 Cr.P.C even though order of cognizance was passed on 5 Jan 2011 - Offences is to be reported..........
Criminal Procedure Code, 1973, Section 473 -- Extension of limitation - S.473 Cr.P.C cannot have any application, after cognizance was taken on a time barred complaint - Provision of S.473 Cr.P.C has to be invoked at pre-cognizance stage and once cognizance is taken, Court cannot go back to condone delay to save period of limitation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Time barred debt - Quashing of summoning order - Whether transaction is time barred or not has to be considered only after trial not at preliminary stage or at the time of taking cognizance - Petition for quashing held, dismissed...........
Criminal Procedure Code, 1973, Section 468 -- Taking of cognizance - Barred by limitation - Effect on State - Lapse of time does not bar rights of State...........
Criminal Procedure Code, 1973, Section 468, 472, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC is a continuing offence - Law relating to cognizance in the matter is governed by S.472 Cr.P.C, as in case of continuing offence a fresh period of limitation begun to run at every moment of time during which offence continues - Order taking cognizance..........
Securities and Exchange Board of India Act, 1992, Section 11(3), 24, 26, 27 -- Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Related to Securities Market) Regulations, 1995, Reguls. 6(d), 7 - Violation of Regulations - Complaint - Limitation - It was only after investigation report submitted to Board and approved that Board..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in lodging complaint - Condonation of delay - While taking cognizance reasons justifying condonation of delay not stated - Held, while entertaining time barred complaint, Court is required to consider complainant's request in the light of his/her statement on oath and any other material..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Summoning order - Quashing of - There is no reference of demand notice dated 07.05.2002 in complaint - Only a photostat copy of said notice has been filed by revisionist - Only reference of second notice dated 21.08.2002 has been mentioned in complaint - Held, complainant cannot rely on second..........
Criminal Procedure Code, 1973, Section 190, 202, 203 -- Time barred complaint - Magistrate should satisfy himself on the point of limitation at pre-cognizance stage...........
