In Brief
A complainant alleged he had entrusted 33.139 kg of silver to the respondent and filed a complaint on 10 July 2012 when the respondent refused to return it (the alleged refusal occurring on 4 October 2009). The High Court quashed the proceedings, holding that cognizance taken on 4 December 2012 was barred by limitation. The Supreme Court allowed the appeal, holding that under Section 468 CrPC, the relevant date for computing limitation is the date of filing the complaint (10 July 2012), not the date of cognizance. Since the complaint was filed within 3 years of the alleged offence, the prosecution was not barred by limitation.
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