Supreme Court of India · 2004-08-17
HARNAM SINGH vs EVEREST CONSTRUCTION CO. .
- Citation / case number
- SC 2002/16812
- Court
- Supreme Court of India
- Petitioner
- HARNAM SINGH
- Respondent
- EVEREST CONSTRUCTION CO. .
- Author
- VENKATARAMA REDDI
- Bench
- P. VENKATARAMA REDDI & B.P. SINGH
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the criminal complaint under Sections 420, 467, 471, and 474 IPC on the grounds of delay, as the bar of limitation under Section 468 Cr.P.C. does not apply to offences punishable with imprisonment exceeding three years. The Court emphasized that the parameters for taking cognizance of an offence must be assessed under Section 468, and the complaint was maintainable despite the time elapsed since the filing of the original agreement. The Court reinstated the complaint, allowing the appellant to pursue the case.