Representation of the Peoples Act, 1951, Section 125A, Indian Penal Code, 1860, Section 181, 193, 199, 200, 417, 468, Criminal Procedure Code, 1973, Section 468, 469, 482 -- Quashing of complaint - Election petition - Limitation - Accused allegedly furnishing false education qualification information before Returning officer by submitting false affidavit - Affidavit of..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Delay of 61 days in filing of complaint - Legislature in its wisdom has conferred discretion on Magistrate to condone delay after recording its satisfaction about sufficient cause for not making complaint within prescribed period of limitation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Limitation - Complaint u/s 138 of the Act filed by power of attorney holder - Issue relating to date of receipt of notice is question of fact, which cannot be adjudicated in quashing petition - Plea of quashing complaint on ground of limitation is rejected...........
Criminal Procedure Code, 1973, Section 203 -- Delay in filing of complaint - Unless complaint is barred by limitation, delay cannot be fatal to prosecution case as delay can be explained by complainant during trial of the case...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Limitation - Crucial date for computing the period of limitation is the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by Magistrate...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented and dishonoured thrice - Cheque dishonoured lastly on 22.04.2014 - Legal notice was served on 08.05.2014 and compliant filed on 02.06.2014 - Held, in no way it can be said that either the legal notice was not within limitation or that complaint was time barred...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Delay in filing complaint - Legal notice must be issued by complainant to accused within a period of 30 days of receipt of information by him from bank regarding return of cheque - In case, drawer of cheque fails to make payment of amount of cheque in dispute, within a period of 15 days of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Limitation - Application u/s 12 of Act is not a complaint which has been filed by wife for breach of any protection order to which limitation, by virtue of S.468 Cr.P.C and Ss.28, 32 of the Act, may be applicable, as it is only an application for seeking protection orders for which no..........
Protection of Women From Domestic Violence Act, 2005, Section 31 -- Offence u/s 31 of Act - Limitation to file complaint - Offence punishable u/s 31 of Act, is punishable with a maximum sentence of one year - Limitation to file complaint seeking prosecution for an offence punishable u/s 31 of Act is one year...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Complaint u/s 323 IPC - For the purposes of computing the period of limitation u/s 468 Cr.P.C., relevant date is to be determined with reference to date of incident and date of filing of complaint and not the date on which Magistrate takes cognizance - Since complaint filed on 24.1.2008 with reference to an..........
