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DINESH MAHESHWARI, VIKRAM NATH
Amritlal – Appellant
Versus
Shantilal Soni – Respondent
JUDGMENT :
Dinesh Maheshwari, J.
Leave granted.
1. The order under challenge in the present appeal is dated 06.03.2019, as passed by the High Court of Madhya Pradesh, Bench at Indore in Miscellaneous Criminal Case No. 26287 of 2018.
2. By the order impugned, the High Court has, in exercise of its powers under Sections 482 of the Criminal Procedure Code, 19731[‘CrPC’ for short.], set aside the order dated 20.02.2018 passed by the Court of Additional Sessions Judge, Khachrod, District Ujjain in Criminal Revision No. 181 of 2017 as also the order dated 17.08.2017 passed by the Judicial Magistrate First Class, Khachrod, District Ujjain in Criminal Case No. 619 of 2012; and has quashed the proceedings in the said Criminal Case No. 619 of 2012 for the offences punishable under Section 406 read with Section 34 and Section 120-B of the Indian Penal Code, 18602[‘IPC’ for short.].
3. Shorn of unnecessary details, the relevant background aspects of the matter are that on 10.07.2012, the present appellant filed a written complaint to the Superintendent of Police, Khachrod while claiming that he had entrusted 33.139 Kg of silver to the respondent; and on 04.10.2009, on the demand being made, the res
(1) Cognizance of offence – For the purpose of computing period of limitation under Section 468 Cr.P.C., relevant date is date of filing of complaint or date of institution of prosecution and not dat....
(1) Cognizance of offence(s) – Bar of limitation – Date of filing complaint or date on which criminal proceedings are initiated is relevant date for the purpose of counting limitation.(2) Administrat....
For computing the period of limitation under Section 468 of the Code of Criminal Procedure, 1973, the relevant date is the date of filing the complaint or initiating criminal proceedings, and not the....
The period of limitation for taking cognizance of an offence is computed from the date of the offence until the date of filing the charge-sheet or complaint. Cognizance taken after the expiry of this....
For computing limitation under Section 468 Cr.P.C., the relevant date is the filing of the complaint, not when the magistrate takes cognizance.
Point of law : "cognizance" is an act of the Court. The term "cognizance" has not been defined in Cr.P.C, That means taking of cognizance is application of mind or takes judicial notice of an offence....
Point of Law : Language of Section 468(3) makes it imperative that the limitation provided for taking cognizance is in respect of the offence charged and not in respect of offence finally proved.
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