Supreme Court · 2022 INSC 243 · Decided 28 February 2022

Amritlal v. Shantilal Soni & ORS.

Court
Supreme Court of India
Citation
2022 INSC 243 · [2022] 1 S.C.R. 721
Case number
CRIMINAL APPEAL No. 301/2022
Decided
28 February 2022
Bench
DINESH MAHESHWARI, VIKRAM NATH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC; CrPC Section 468, 482; Constitution

Headnote

Code of Criminal Procedure, 1973: s. 468 - Bar to cognizance after lapse of period of limitation - Relevant date for computation of limitation period u/s. 468 - Held: Is the date of filing of the complaint or the date of institution of prosecution and not the date on which the offence - On facts, the High Court erred in assuming that the date of taking cognizance is decisive of the matter, while ignoring the fact that the written complaint was indeed filed by the complainant well within the period of limitation of 3 years with reference to the date of commission

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