RATNAVEL PANDIAN, J.

The above matter is placed before us on a reference made by S. A. Kader, J., for decision on the following question, viz., where the launching of a criminal prosecution is after the lapse of the period of limitation prescribed under S. 468, Cr.P.C., can the court condone the delay after taking cognizance of the offence, or whether such condonation of delay should precede the taking cognizance of the offence, since there is a cleavage of opinion on this question

2. Before answering this question, we have to go into the scope and intendment of the newly introduced provisions contained in Ss. 467 to 473 coming under Chapter XXXVI with the caption "Limitation for taking cognizance of certain offences" in the Criminal PC 1973, (Act II of 1974). These provisions prescribe various periods of limitation for launching a criminal prosecution in certain categories of cases. Under the old Code, no period of limitation was prescribed for launching a prosecution and the court would not throw out a private complaint or police report solely on the ground of delay though inordinate delay might be a ground for doubting the prosecution version. It would be apposite in t