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    <title>2008 (1) TMI 618 - Supreme Court</title>
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    <description>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.</description>
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    <pubDate>Fri, 25 Jan 2008 00:00:00 +0530</pubDate>
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      <title>2008 (1) TMI 618 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=112070</link>
      <description>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.</description>
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      <pubDate>Fri, 25 Jan 2008 00:00:00 +0530</pubDate>
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