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PRATUL PANDEY (SELF)     14 November 2013

Limitation of taking cognizance - crpc 468

An FIR was filed U/s 341,323,504 in Dec 2008, Police issued FR in Aug 2010 u/s ipc 323,504  as being non-cognizable offences. Trial court took cognizance in NOV-2012 u/s 323,504 on the basis of Police FR . 

Do the time limitation clauses still apply u/s crpc 468 and can the said Cognizance be quashed by the Appellate Sessions Court  ? Do you have any relevant rulings from Supreme Court that prevent the said Cognizance Order from getting quashed by Appellete  Sessions Court 


 2 Replies

Nadeem Qureshi (Advocate/     15 November 2013

Dear Querist

Read the section 473 of Cr.P.C. along with the section 468,

Biswanath Roy (Advocate)     02 February 2014

In this controversial case some salient points are to be looked into, those are namely,-

1. To whom the demand notice was addressed?

2. Who is the account holder of the alleged returned cheque ?

3. Who is the signatory of the returned cheque ?

4.Whether  the subject cheque was delivered by hand or by Post?

On receipt of the above stated information more effective guidance can be given.

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