https://www.taxtmi.com/caselaws?id=308024 For a Section 138 complaint, limitation under Section 142 is satisfied by the date of initial presentation within one month of the cause of action, not by any later re-presentation after the Magistrate returns the papers for defects. The text states that once the complaint is presented in time and received with court fee and seal, it forms part of the court record, and there is no provision in the Code of Criminal Procedure or the Criminal Rules of Practice authorising a Magistrate to return it merely for defects. A Magistrate may examine the complaint under Section 200, but cannot adopt an extra-statutory return-and-representation procedure or prejudice the complainant by leaving re-filing to discretion. en-us Mon, 10 Jan 2000 00:00:00 +0530 Wed, 24 May 2023 14:28:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308024 For a Section 138 complaint, limitation under Section 142 is satisfied by the date of initial presentation within one month of the cause of action, not by any later re-presentation after the Magistrate returns the papers for defects. The text states that once the complaint is presented in time and received with court fee and seal, it forms part of the court record, and there is no provision in the Code of Criminal Procedure or the Criminal Rules of Practice authorising a Magistrate to return it merely for defects. A Magistrate may examine the complaint under Section 200, but cannot adopt an extra-statutory return-and-representation procedure or prejudice the complainant by leaving re-filing to discretion. Case-Laws Indian Laws Mon, 10 Jan 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308024