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2022 (8) TMI 1484 - HC - Companies LawTime Limitation - whether the complaint lodged by the respondent is barred by limitation or not? - Sections 468 & 469 of Cr.P.C - HELD THAT:- In the present case the show cause notice was issued on 14.06.2018 for which the petitioners sent reply on 22.06.2018. Thereafter, the respondent lodged complaint on 12.04.2019. This Court repeatedly held in various judgments that there is absolutely no provision available under the Act contemplating prior sanction for initiating prosecution of the offence under the Act. According to the respondent, there was a delay for obtaining sanction from the authority concerned and as such the complaint was lodged belatedly. Further the respondent had knowledge about the commission of the offence by the petitioners company as early as on 14.06.2018. Since, there is no provision available under the Act contemplating the prior sanction for initiating prosecution for the offence under the Act, the knowledge of the alleged commission of offence must have come to the notice of the Central Government. The consent or sanction as has been referred to in sub-clause 3 of Section 470 of Cr.P.C., relates to consent or sanction which is obtained under the Statute itself - Further in the present case, under the Act neither any consent nor any sanction from the Central Government is required to prosecute the petitioners. The administrative side permission cannot be equated to a consent or sanction to be obtained statutorily as referred to under sub-section 3 of Section 470 of the Cr.P.C., Therefore, the period for obtaining sanction cannot be excluded at all from the period of limitation. The present complaint was filed on 12.04.2019 viz., after the period of six months. Thus, the complaint is barred by limitation, since the complaint was not launched within a period of six months. The present complaint cannot be sustained as against the petitioners and the impugned proceeding is liable to be quashed - Petition allowed.
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