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Pankaj Gupta (Asst. Manager)     01 February 2011

Advice needed urgently

1. If A commits an offence to Y punishable under Sec 323 of IPC, but Y makes a complaint after 10 months from the date of ffence against X in the Metropolitan Magistrate. Can the said court take cognizance of that offence.?

2. X living in Patna needs a loan from Y living in Jaipur. X comes to Jaipur and takes a cheque amount of 10 lakhs from Y. Now X fails to pay Y. Where should Y file a case aginst X - Patna or Jaipur?How the jurisdiction is determined.?



Learning

 2 Replies


(Guest)

 

answer 1.       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.

 

so the time limit for taking cognizance is 1 yr, becoz the punishment in section 323 IPC is  extend to one year, or with fine which may extend to one thousand rupees, or with

both...... but such a long delay of 10 months in filing complaint'll adversely effect the prosecution case n you got benifit for that.....

both

(Guest)

answer 2.   Where a wrong has been caused to a person, or any damage has been caused to a movable property, then the suit may be instituted either, In the place, where wrong or damage has been caused, or In the place, where defendant (the person who caused the loss) resides.

Where there is a dispute in business, agreement or any other kind of civil dispute, except matrimonial matter, then the suit may be instituted either, In a place, where the defendant resides, or carries on business, or In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place

so if X failed to pay the amount in jaipur after demanded by Y thn Y can file the recovery of money suit against X either in Jaipur (where cause of action arise) or in Patna (where X resides)..... both the option are open .


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