IMPORTANT POINTS
(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 date on which Magistrate takes cognizance of offence.
(2) Binding Precedent – A decision of Constitution Bench of Apex Court cannot be questioned on certain suggestions about different interpretation of provisions under consideration.

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 respondent refused to return the same. On the complaint so filed by the appellant, FIR bearing No. 289 of 2012 came to be registered and, after investigation, the police filed charge-sheet dated 13.11.2012 for the offences aforesaid against the accused persons, respondent Nos. 1 and 2 herein. Thereupon, the Judicial Magistrate, First Class, Khachrod took cognizance on 04.12.2012.

4. On 12.09.2013, the Magistrate passed the order framing charges. This order was challenged by the accused-respondents in a revision petition (No. 288 of 2013) under Section 397 CrPC, inter alia, on the ground that taking cognizance in this matter was barred by limitation. The Additional Sessions Judge, Khachrod dismissed the revision petition so filed by the accused-respondents on 27.07.2015 while holding, inter alia, that the bar of limitation was not applicable in the matter. Thereafter, the accused-respondents filed an application under Section 468 CrPC before the Trial Court, again raising the question of limitation. This application was rejected by the Trial Court on 17.08.2017. The order so passed by the Trial Court was affirmed by the Additional Sessions Judge, Khachrod in revision petition (No. 181 of 2017) on 20.02.2018. However, on such orders being challenged, the High Court has, in the impugned order dated 06.03.2019, formed the opinion that taking cognizance of this matter on 04.12.2012 was barred by limitation. The High Court has, thus, in exercise of its powers under Section 482 CrPC, quashed the proceedings. The sum and substance of the reasoning of the High Court could be noticed in the following: -

“19. On cumulative consideration of the aforesaid discussion, this Court is of the view that the date of offence is very well known to the complainant i.e. 04.10.2009 and he lodged FIR on 19.07.2012 i.e. after 2 years 9½ months of the alleged incident and the Police has filed charge sheet on 04.12.2012 after a period of three years of the alleged incident, on which basis, the Magistrate has taken cognizance of the offence against the petitioners on 04.12.2012 which was barred by limitation, therefore, the trial Court as well as Revisional Court have committed error of law in rejecting the plea taken by the petitioners regarding maintainability of the prosecution on the ground of limitation.”

5. In challenge to the order aforesaid, it has been argued that the proposition of the High Court, in proceeding on the basis of date of taking cognizance for the purpose of limitation, is not in conformity with law and runs directly contrary to the principles laid down by the Constitution Bench of this Court in the case of Sarah Mathew v. Institute of Cardio Vascular Diseases by its director Dr. K.M. Cherian & Ors.: (2014) 2 SCC 62. In counter, it has been argued on behalf of t