2002 (3) TMI 957

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..... rected against the order dated 18-9-2001 passed by the learned Chief Judicial Magistrate, Solan whereby the delay in filing a complaint under Section 207 of the Companies Act, 1956 by the respondent/complainant (hereafter referred to as the 'respondent') against the petitioners/accused (hereinafter referred to as the 'petitioners') has been condoned and the petitioners have been or .....

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..... determination in this petition at this stage is whether the delay in filing the complaint could be condoned by the learned Chief Judicial Magistrate without notice to the petitioners? 5. In view of the provisions of Section 468 of the Code of Criminal Procedure (hereafter referred to as the 'Code'), Court is debarred from taking cognizance of an offence after expiry of the period of limit .....

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..... without affording an opportunity of being heard to the accused is bound to affect the valuable right of the accused which accrues to him by virtue of the provisions of Section 468 of the Code. Therefore, an order extending the time for filing a complaint or submitting a charge-sheet beyond the period of limitation without notice to the accused is illegal and unsustainable. 6. In the case in hand, .....

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