- (1.) The Sole question that arises for determination in this appeal is as to the date when the offence in question came to the knowledge of the appellant within the ambit of Section 469 (1) (b) of the Code of Criminal Procedure (hereinafter mentioned as 'the Code'). The maximum period of imprisonment provided for the offence, complained of is six months. According to S. 468 (2 (b) the period of limitation is one year if the offence is punishable for a term not exceeding one year.
(2.) Fazal Ali,j. speaking for the bench has explained the object of S. 468 of the code in the following words in State of Punjab vs. Sarwan Singh (1981) 3 S. C. C. 34: "The object of the Criminal Procedure Code in putting a bar of limitation on prosecutions were clearly to prevent the parties from filing cases after a long time, as a result of which material evidence may disappear and also to prevent abuse of the process of the court by filing vexatious and belated prosecutions long after the date of the offence. The object which the statutes seek to sub serve is clearly in consonance with the concept of fairness of trial as enshrined in Article 21 of the Constitution of India. It is, therefore, of the utmost importance that any prosecution,, whether by the State or a private complainant must abide by the letter of law or take the risk of the prosecution failing on the ground of limitation. "seealso Srinivas Gopal vs. Union Territory of arunachal Pradesh (1988) 4 S. C. C. 36 at page 40 (now State) wherein the same view is reiterated.
(3.) As per clause (a) of Ss. (1) of section 469 of the Code, the period of limitation in relation to an offender has to commence on the date of the offence and under clause (b) of that S. the period of limitation has to commence on the first day on which the offence comes to the knowledge of a person aggrieved by the offence or of any police officer whichever is earlier and under clause (c) the period of limitation will commence on the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence whichever is earlier. According to sub-section (2) , in computing the said period of limitation, the day from which such period is to be computed should be excluded.;