"Whoever commits extortion shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine or with both".
And Sec 468 Cr.P.C. Says:
(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.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
In My Case, The sequence is as Under:
{A} The letter made on { For Extortion } on 10.03.7995
{B} F I R Against me on 01.06.1997
{C} Period of 3 years Expires on 09.03.1998
{D} Police Filed FR in "Lack of evidence" 05.08.1997
{E} Court accepted the FR 01.09.1998 But after filing the FR Police filed Challan
{F} Chalan u/s 384 IPC by police 09.11.1999
In Such a stage whether the "Bar" u/s 468 Cr P C is applicable in this case or Not.
Regards
