Limitation and condonation in criminal complaints led to quashing where delay was unexplained and the allegation was inherently doubtful.

A complaint filed more than three years after the alleged contravention was treated as time-barred, since the offence was punishable only with fine and attracted a six-month limitation period. Condonation of delay had to be considered before cognizance, and the Magistrate was required to apply judicial mind and pass a clear, speaking order showing that the delay was properly explained or that condonation served the interests of justice. The explanation offered was found vague and insufficient. The complaint was also materially weakened by the company board's prior resolution approving the lease with the petitioner and his wife, making the nondisclosure allegation inherently doubtful. The summoning order was therefore quashed.

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Issues: Whether the summoning order was liable to be quashed because the complaint was time-barred, the Magistrate had not properly considered condonation of delay under the Code of Criminal Procedure, and the case disclosed an apparent weakness on the face of the complaint.

Analysis: The complaint was instituted more than three years after the alleged contravention came to the complainant's knowledge, though the alleged offence was punishable with fine only and was therefore subject to a six-month limitation period. Condonation under the limitation provision had to be considered at the pre-cognizance stage, and the Magistrate was required to apply judicial mind and pass a clear, speaking order showing satisfaction that the delay was properly explained or that condonation was needed in the interests of justice. The explanation for the delay was found to be vague and insufficient. The complaint also disclosed that the company's board had already resolved to approve the lease with the petitioner and his wife, which materially weakened the allegation of nondisclosure of interest and showed that the prosecution case was inherently doubtful.

Conclusion: The summoning order was unsustainable and was quashed, with the petition allowed.

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