https://www.taxtmi.com/caselaws?id=387917 A complaint under Section 138 of the Negotiable Instruments Act was not barred by limitation merely because summons were issued years after filing. Limitation for cognizance was held to run from the date of filing of the complaint, not from the date when the Magistrate took cognizance or issued process. Once a competent complaint is filed, the later stage of cognizance and issuance of summons lies within the court's domain and does not affect maintainability. The limitation principle in Section 468 of the Code of Criminal Procedure was held not to apply in the manner urged, and the Act does not require summons to be issued within any specific limitation period. en-us Tue, 22 Oct 2019 00:00:00 +0530 Fri, 08 Nov 2024 13:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=387917 A complaint under Section 138 of the Negotiable Instruments Act was not barred by limitation merely because summons were issued years after filing. Limitation for cognizance was held to run from the date of filing of the complaint, not from the date when the Magistrate took cognizance or issued process. Once a competent complaint is filed, the later stage of cognizance and issuance of summons lies within the court's domain and does not affect maintainability. The limitation principle in Section 468 of the Code of Criminal Procedure was held not to apply in the manner urged, and the Act does not require summons to be issued within any specific limitation period. Case-Laws Indian Laws Tue, 22 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=387917