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Issues: Whether the complaint was barred by limitation under the Code of Criminal Procedure because the complainant acquired knowledge of the offence on an earlier date than the date asserted by it.
Analysis: Section 469(1)(b) makes the period of limitation commence from the first day on which the offence comes to the knowledge of the person aggrieved or of a police officer, whichever is earlier, and Section 469(2) requires exclusion of the starting day. On the materials on record, the complainant's own notice showed awareness of the alleged violation on 8 July 1986, or at the latest by 29 July 1986 when the company replied. The complaints were filed only in August and September 1988, well beyond the one-year limitation period applicable to the offences. No application was made for extension of time under Section 473. The concurrent factual findings of the courts below on the date of knowledge were supported by the record and did not call for interference.
Conclusion: The prosecution was barred by limitation and the appeal failed.