forged ppty documents &applicability of limitation act
AJIT KAWATKAR
(Querist) 22 June 2011
This query is : Resolved
A tresspasser[widow] is occupying residencial premises for last 3yrs. it has come to to the notice that she had applied for loan under govt scheme where in she created a forged document of L & L[commercial] & submitted to the bank,the copy is obtained by the owner about yr back but could not initiate action because of old age[85] & ilness.
Is it possible to iniciate criminal proceedings now ? or is it passed LIMITATION ACT ?
Ajay Bansal
(Expert) 22 June 2011
As per section 468 Cr.P.C. there is no limit for taking action in such type of crime.
Shrichand Nahar
(Expert) 22 June 2011
I agree with opinion of Shri. Ajay Bansal.
pawan sharma
(Expert) 24 June 2011
yes, there is no limitation of such type of the offences.
as per s 468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
he shall initate the Cri. Proceeding against her under Ss 467, 468 and 471.
