ORDER :

1. This matter has been referred to a three Judge Bench as there is a direct conflict in the three Judge Bench decision of this Court in Krishna Pillai v. T.A. Rajendran and Anr., 1990 (Supp.) SCC 121 on the one hand and the two Judge Bench decisions; (one) Bharat Damodar Kale and Anr. v. State of A.P., (2003) 8 SCC 559; (two) Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC 394, on the other. The later two decisions have not noted the earlier decision in Krishna Pillai (supra).

2. We have heard Mr. K. Swami, learned counsel for the appellant and Mr. K.V. Viswanathan, learned senior counsel for respondent no. 1 for some time. Prima facie, we are persuaded by the decision in Bharat Damodar Kale (supra) which has been followed in Japani Sahoo (supra) wherein it has been held that for the purpose of computing the period of limitation, the relevant date must be considered as the date of filing of complaint or the institution of prosecution and not the date of taking cognizance by a Magistrate or issuance of process by a Court. The three Judge Bench in Krishna Pillai (supra) has not adverted to diverse aspects including the aspect that inaction on the part of the Court by not