Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Ponraj Mr.S.P.S.Nithyan
For the Respondent: Mr.S.Sugendran, Addl.P.P.

The legal document emphasizes that for the purpose of computing the limitation period under Section 468 of the Criminal Procedure Code (Cr.P.C.), the relevant date is the date of filing the complaint, not the date when the court takes cognizance of the charge-sheet (!) (!) (!) (!) . The court clarifies that the limitation period starts from the date the complainant becomes aware of the offence or the date of commission of the offence, whichever is earlier, and not from the date of cognizance by the magistrate (!) (!) (!) (!) .

Furthermore, the order states that the filing of the complaint within the limitation period is sufficient to keep the case valid, even if the charge-sheet is filed later or taken on record after the limitation period has expired (!) (!) . The court also highlights that the limitation is a question of fact and that the delay in taking cognizance by the court does not invalidate a timely complaint (!) .

The document underscores that the primary consideration at the stage of discharge or quashing petitions is whether prima facie materials exist to proceed with the case, rather than whether the case is barred by limitation (!) (!) . The court notes that the materials on record, such as the complaint and charge-sheet, demonstrate sufficient grounds to proceed, and the limitation issue is a matter to be addressed during the trial (!) (!) .

Additionally, the court discusses the importance of the date of filing the complaint, emphasizing that it is the relevant date for limitation calculations, and that the court should not consider delays caused by the court’s inaction in taking cognizance (!) (!) (!) . It also clarifies that the limitation period is intended to prevent undue delay and that the law favors the prosecution of cases where the complaint was filed timely (!) (!) .

In conclusion, the court dismisses the revision petitions, affirming that the cases were filed within the permissible limitation period based on the date of knowledge and filing of the complaint, and that the question of limitation is a factual matter to be decided during trial. The procedural law supports that the limitation period is to be calculated from the date of complaint filing, not from the date when the court takes cognizance.