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Amritlal vs. Shantilal Soni & Ors.

Criminal Appeal · 2022 INSC 243Decided 28 Feb 2022
Criminal Appeal No. 301 of 2022
Dinesh Maheshwari · Vikram Nath

Background

The appellant complained to police in 2012 that he had entrusted about 33 kg of silver to the respondent, who refused to return it despite demand made back in 2009. An FIR and later a charge-sheet were filed, and the Magistrate took cognizance of the offence (criminal breach of trust) in December 2012. The accused challenged the prosecution as time-barred, arguing that since the alleged offence occurred in 2009 and cognizance was taken in December 2012, the three-year limitation period under Section 468 CrPC had lapsed. The Madhya Pradesh High Court agreed and quashed the entire prosecution, counting the limitation period up to the date cognizance was taken rather than the date the complaint was filed.

Decision Breakdown

The Supreme Court held that the High Court's approach was directly contrary to the law laid down by a Constitution Bench in Sarah Mathew v. Institute of Cardio Vascular Diseases (2014), which conclusively settled that for computing limitation under Section 468 CrPC, the relevant date is the date of filing the complaint or institution of the prosecution, not the date the Magistrate takes cognizance. Since the appellant had lodged his written complaint in July 2012, well within three years of the October 2009 offence, the prosecution was not time-barred at all. The Court rejected the respondents' attempt to argue that Sarah Mathew needed reconsideration, holding a Constitution Bench decision cannot be reopened merely because a party thinks certain factors were insufficiently considered. The High Court's order quashing the case was set aside and the trial was directed to proceed.

Lesson Learnt

When checking whether a criminal complaint is filed within the legal time limit, the clock is counted from when the complaint was lodged with police/court, not from the later date when a Magistrate formally takes cognizance of the offence: a delay in the legal process itself does not retroactively make a timely complaint "late."

Official source (sci.gov.in)View Judgment (PDF)

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