Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | arbitration proceedings contract Limitation crime never dies Criminal Jurisprudence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 - Termination of contract between a proprietary firm and a company - Initiation of arbitration proceedings - The a/legation of the firm against the officials of the company that they removed certain property, kept in the premises of the company - The arbitrator rejected the allegation - Three complaints by the proprietors of the firm dismissed - One complaint entertained by the Magistrate - Petition by the officials of the Company for quashing the criminal proceedings - Dismissed by High Court - On appeal, held The criminal proceedings were abuse of the process of the Court - Complaint case was not maintainable. ss.468, 469, 472 and 473 - Termination of contract between proprietary firm and company - Complaint by the proprietor of the firm against officials of the company after a period of 15 years - Held: Limitation for taking cognizance is 3 years - In the fact situation of the case, the offence alleged is not a continuing offence, even though the effect caused by it may be continuous - Limitation. s.202 (as amended by Amendment Act, 2005) - It is . mandatory for the Court to postpone the issue of process, if the accused falls outside the territorial jurisdiction of the Court - In the instant case, the Magistrate was wrong in issuing summons as the ·accused were outside his territorial jurisdiction.Criminal Jurisprudence - Law does not prohibit second complaint even on the same facts if the earlier complaint was decided on the basis of insufficient material, or the order was passed without understanding the nature of complaint, or complete facts could not be placed, or where certain material facts came to knowledge of the complainants after disposal of the first complaint - Where earlier complaint is decided on merits after full consideration of the case, second complaint is not maintainable. Limitation.- Law of Limitation - Prescribed under Cr.P.C. - Observance of - Held: Law of limitation prescribed under Cr.P. C. must be observed, but in exceptional circumstances - The principle of condonation of delay is based on general rule of criminal justice system that 'a crime never dies'- Criminal court may condone delay in the interest of justice recording reasons for the same - Code of Criminal Procedure, 1973 - ss.468, 469, 472 and 473 - Delay - Condonation of. Delay - Question of delay in launching criminal proceedings - May not by itself be a ground for dismissing the complaint at the threshold. Criminal Law - 'Continuing offence' and 'Instantaneous offence' - Difference between. Maxim - 'nulfum tempus out locus occurrit regi' - Applicability. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 27 |
Petitioner | Udai Shankar Awasthi |
Respondent | State Of U.p. Anr. |
SCR | [2013] 3 S.C.R. 935 |
Judgement Date | 2013-01-09 |
Case Number | 61 |
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