Computation of limitation period begins from the date of expiry of the compliance period as provided by order u/s.234(3A)

Khulood Imp ex Private Limited & Ors. VS The Registrar Of Companies (Delhi High Court)-  A bare perusal of section 469 CrPC makes it amply clear that the period of limitation commences from the day the offence comes to the knowledge of the complainant. In the present case the “offence” of non-compliance with the order came to the knowledge of Respondent/ Complainant when the petitioners defaulted in furnishing the details to the Respondent/ Complainant at the expiry of the compliance period of the Order dated 20.11.2006 u/s 234 (3A).

Thus the computation of the limitation shall begin from the date of expiry of the compliance period as provided vide Order dated 20.11.2006 u/s 234(3A) of the Act. The cognizance of the offence was taken on 19.05.2007 which is within the period of limitation of the alleged offence. Therefore the period of limitation begins from the day actionable knowledge is gained by the competent authority.

FULL TEXT OF THE JUDGMENT IS AS FOLLOWS:-

HIGH COURT OF DELHI 

Crl. M.C. No. 2730/2009

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