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2003 (10) TMI 632 - SC - Indian LawsWhether the provisions of Chapter XXXVI of the Code apply to delay in instituting the prosecution or to delay in taking cognizance? Held that:- If this interpretation of Chapter XXXVI of the Code is to be applied to the facts of the case then we notice that the offence was detected on 5.3.1999 and the complaint was filed before the court on 3.3.2000 which was well within the period of limitation, therefore, the fact that the court took cognizance of the offence only on 25.3.1999 about 25 days after it was filed, would not make the complaint barred by limitation. Thus it is not necessary to go to the next question argued on behalf of the appellants that the court below was in error in invoking Section 473 of the Code for extending the period of limitation. Appeal dismissed.
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