Cognizance and issuance of process are distinct; limitation turns on cognizance, not later process issuance.

Cognizance of an offence is distinct from issuance of process: cognizance is taken when the Magistrate applies judicial mind to the complaint for proceeding under Chapter XIV of the Code, while section 204 operates only later at the process stage. On the facts, cognizance was recorded when the complaint was filed, and the later issuance of process did not control limitation. The Court held that the complaint was within the period permitted by section 49(3) of the Foreign Exchange Management Act, 1999, so it could not be quashed as time-barred on the basis that process was issued after the prescribed period.

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Issues: Whether taking cognizance of a complaint is the same as issuance of process, and whether criminal proceedings were barred by limitation because process was issued after the period prescribed under the foreign exchange law.

Analysis: The Court held that cognizance is taken when a Magistrate applies judicial mind to the offence for the purpose of proceeding under the complaint procedure, and that such cognizance is distinct from the later step of issuing process. It explained that initiation of proceedings under Chapter XIV of the Code of Criminal Procedure, 1973 precedes commencement of proceedings under Chapter XVI, and that section 204 of the Code operates only after cognizance has already been taken. On the facts, the Magistrate recorded that cognizance was taken on the date the complaint was filed, whereas process was issued later. The Court further held that the relevant date for limitation was not the later issuance of process, and that the proceedings were within the period permitted by section 49(3) of the Foreign Exchange Management Act, 1999.

Conclusion: The High Court was wrong in treating cognizance as having been taken only when process was issued, and the complaint could not be quashed as time-barred on that basis.

Ratio Decidendi: Cognizance of an offence is distinct from issuance of process, and for limitation purposes the decisive act is the taking of cognizance by the competent court, not the subsequent issuance of process.

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