TaxTMI 
TaxTMI 
2015 (3) TMI 21
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....referred to as "IFFCO"), Phulpur unit, on 1.2.1996 for the purpose of conducting repairs in their plant worth an estimated value of Rs. 13,88,750/-. The said work order was subsequently cancelled by IFFCO on 7.2.1996. B. Aggrieved, M/s. Manish Engineering Enterprises made a representation dated 21.3.2001, to IFFCO requesting it to make payments for the work allegedly done by it. As there was no response from the management of IFFCO, the said concern filed Writ Petition No. 19922 of 2001 before the High Court of Allahabad, seeking a direction by it to IFFCO for the payment of an amount of Rs. 22,81,530.22 for alleged work done by it. C. The High Court disposed of the said Writ Petition vide order dated 25.5.2001, directing IFFCO to dispose of the representation dated 21.3.2001, submitted by the said concern within a period of 6 weeks. In pursuance of the order of the High Court dated 25.5.2001, the said representation dated 21.3.2001, was considered by the Managing Director of IFFCO and was rejected by way of a speaking order dated 15.10.2001, and the same was communicated to the said concern vide letter dated 29.10.2001. D. M/s. Manish Engineering Enterprises filed Writ Petition....
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....Chief Judicial Magistrate, vide order dated 20.3.2010 under Section 203 Cr.P.C. J. Respondent no.2 filed Criminal Complaint No. 1090 of 2010 against the appellants and others on 2.4.2010, under Sections 323, 504, 506, 406 and 120-B IPC before the Special Chief Judicial Magistrate, Allahabad. After investigating the matter, the police submitted a report on 18.4.2010 stating that, allegations made in complaint case no. 1090 of 2010 were false. K. The Additional Chief Judicial Magistrate, vide order dated 18.8.2011 dismissed complaint case no. 26528 of 2009 filed by the brother of respondent no.2. L. Respondent no.2 filed another complaint case no. 628 of 2011 on 31.5.2011 under Sections 403 and 406 IPC, in which, after taking cognizance, summons were issued to the present appellants under Sections 403 and 406 IPC on 16.7.2011, and vide order dated 22.9.2011, bailable warrants were issued against the appellants by the Addl. CJM, Allahabad. Subsequently, vide order dated 21.11.2011, non-bailable warrants were also issued against one of the appellants by the Addl. CJM, Allahabad. In view of the fact that K.L. Singh, appellant in the connected appeal, could not be served properly as ....
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....hat the same was in fact, a case of continuing offence. Therefore, the question of limitation does not arise. The law does not prohibit the initiation of criminal proceedings where there has been breach of trust and further, in such a case, in spite of the fact that arbitration proceedings are pending, a criminal complaint is maintainable, and the court concerned has rightly entertained the same. There is no prohibition in law as regards maintaining a second application, even though the earlier application has been dismissed. Thus, the appeals are liable to be dismissed. 5. We have considered the rival submissions made by learned counsel for the parties as well as by Shri Gaurav Bhatia and Shri Annurat, learned counsel appearing for the State of U.P. and perused the record. In light of the facts of these cases, it is desirable to deal first, with the legal issues involved herein. LIMITATION IN CRIMINAL CASES- Section 468 Cr.P.C.: 6. Section 468 Cr.P.C. places an embargo upon court from taking cognizance of an offence after the expiry of the limitation period provided therein. Section 469 prescribes when the period of limitation begins. Section 473 enables the court to condone ....
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....sal application cannot be formulated in this respect. 11. In Balakrishna Savalram Pujari Waghmare & Ors. v. Shree Dnyaneshwar Maharaj Sansthan & Ors., AIR 1959 SC 798, this Court dealt with the aforementioned issue, and observed that a continuing offence is an act which creates a continuing source of injury, and renders the doer of the act responsible and liable for the continuation of the said injury. In case a wrongful act causes an injury which is complete, there is no continuing wrong even though the damage resulting from the said act may continue. If the wrongful act is of such character that the injury caused by it itself continues, then the said act constitutes a continuing wrong. The distinction between the two wrongs therefore depends, upon the effect of the injury. In the said case, the court dealt with a case of a wrongful act of forcible ouster, and held that the resulting injury caused, was complete at the date of the ouster itself, and therefore there was no scope for the application of Section 23 of the Limitation Act in relation to the said case. 12. In Gokak Patel Volkart Ltd. v. Dundayya Gurushiddaiah Hiremath & Ors., (1991) 2 SCC 141, this Court dealt with the....
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....e case of a continuing offence, there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when an act or omission is committed once and for all." (See also: Bhagirath Kanoria & Ors. v. State of M.P., AIR 1984 SC 1688; and Amrit Lal Chum v. Devoprasad Dutta Roy, AIR 1988 SC 733). 14. In M/s. Raymond Limited & Anr., Etc. Etc. v. Madhya Pradesh Electricity Board & Ors., Etc. Etc., AIR 2001 SC 238, this Court held as under: "It cannot legitimately be contended that the word "continuously" has one definite meaning only to convey uninterrupted ness in time sequence or essence and on the other hand the very word would also mean 'recurring at repeated intervals so as to be of repeated occurrence'. That apart, used as an adjective it draws colour from the context too." 15. In Sankar Dastidar v. Smt. Banjula Dastidar & Anr., AIR 2007 SC 514, this Court observed as under: "A suit for damages, in our opinion, stands on a different footing vis--vis a continuous wrong....
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....sp; "It is evident that the law does not prohibit filing or entertaining of the second complaint even on the same facts provided the earlier complaint has been decided on the basis of insufficient material or the order has been passed without understanding the nature of the complaint or the complete facts could not be placed before the court or where the complainant came to know certain facts after disposal of the first complaint which could have tilted the balance in his favour. However, second complaint would not be maintainable wherein the earlier complaint has been disposed of on full consideration of the case of the complainant on merit." 18. The present appeals require to be decided on the basis of the settled legal propositions referred to hereinabove. Complaint Case No.4948 of 2009 was filed by Sabha Kant Pandey, brother of respondent no.2, wherein, he claimed to be a partner in the firm M/s Manish Engineering Enterprises, against one of the appellants and other officers of IFFCO, under Sections 323, 504, 506, 406 and 120B IPC at Police Statition Phulpur, District Allahabad, alleging that the said Firm had been given a separate godown/office within the IFFCO co....
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....by the present complainant, respondent no.2 against the appellant Udai Shankar Awasthi and other officers of IFFCO under Sections 323, 504, 506, 406 and 120B IPC, making similar allegations as were mentioned in the first complaint, to the effect that articles worth Rs. 15-20 lacs in each godown were lying in the premises of IFFCO, and that the complainant was not permitted to remove the same. In the said case, after investigation, the police filed the final report stating that all the allegations made in the complaint were false. The concluding part of the report reads as under: "For last 6 months nobody has turned up to get his statement recorded in spite of notice. The application had been filed on false facts and complaint was bogus, forceless and baseless and was liable to be dismissed." 22. So far as the present complaint is concerned, the same has been filed under Sections 415, 406 and 403 IPC, wherein the allegation that their Bill had been cleared on 10.7.1996, but the requisite payment, to the tune of Rs. 22,81,530/- was not made to the complainant. Their claim for payment was wrongly rejected. Certain articles....
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.... of the Magistrate concerned. The same was found necessary in order to protect innocent persons from being harassed by unscrupulous persons and making it obligatory upon the Magistrate to enquire into the case himself, or to direct investigation to be made by a police officer, or by such other person as he thinks fit for the purpose of finding out whether or not, there was sufficient ground for proceeding against the accused before issuing summons in such cases.. (See also: Shivjee Singh v. Nagendra Tiwary & Ors., AIR 2010 SC 2261; and National Bank of Oman v. Barakara Abdul Aziz & Anr., JT 2012 (12) SC 432). 27. Section 403 IPC provides for a maximum punishment of 2 years, or fine or both; and Section 406 IPC provides for a maximum punishment of 3 years, or fine or both. The limitation period within which cognizance must be taken, as per the provisions of Section 468 of Cr.P.C. is three years. In the case of an instantaneous offence, as per the provisions of Section 469 of the Cr.P.C., the period of limitation commences on the date of offence. In the instant case, admittedly, the claim of the said firm was rejected by way of a speaking order dated 15.10.2001, in pursuance of the ....
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....down one representation, the making of another representation on similar lines would not enable the petitioners to explain the delay." (Emphasis added) 30. In State of Orissa v. Sri Pyarimohan Samantaray & Ors., AIR 1976 SC 2617; State of Orissa etc. v. Shri Arun Kumar Patnaik & Anr. etc., etc., AIR 1976 SC 1639; and Swatantar Singh v. State of Haryana & Ors., AIR 1997 SC 2105, a similar view has been reiterated. 31. The view taken by this Court in Rabindra Math Bose (Supra) has been approved and followed in Sri Krishna Coconut Co. etc. v. East Godavari Coconut and Tobacco Market Committee, AIR 1967 SC 973, Karnataka Power Corporation Ltd. & Anr. v. K. Thangappan & Anr., AIR 2006 SC 1581; and Eastern Coalfields Ltd. v. Dugal Kumar, AIR 2008 SC 3000. 32. In Kishan Singh (dead) thr. Lrs. v. Gurpal Singh & Ors. AIR 2010 SC 3624, this court while dealing with a case of inordinate delay in launching a criminal prosecution, has held as under: "In cases where there is a delay in lodging a FIR, the Court has to look for a plausible explanation for such delay. In absence of such an explanation, the dela....