Is there any time limit bound to file private complaint of theft from the time when theft took place?
deep (deep) 31 August 2015
Is there any time limit bound to file private complaint of theft from the time when theft took place?
saravanan s (legal advisor) 31 August 2015
there is no time limit but the more you delay it would be difficult to prove the offence
deep (deep) 01 September 2015
T. Kalaiselvan, Advocate (Advocate) 08 September 2015
No doubt one year period will be for the collection of arrears but one must read the law properly to understand the provisions of this law.
The provisions reproduced below
If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
From this it clear that it will be one year from the date of due and not for only one year period.
deep (deep) 08 September 2015
Thanks lot for reply sir, but i being a layman not able to understand , my query is
Order passed in 16sep2014, payment to be made from filing i.e. march2014, now if i file execution before september16, i can get/claim for maintenance from march2014 to sepyember2015, but if i miss it and file execution after 16sep 2015, what can i claim u/s 125(3):- maintenance from march2014 to till date, or nothing, or from september2014 to sep2015(1 years only)
Pls answer