AIR 1978 SUPREME COURT 986 ::1978 5 Cri LT 153 ::1978 Cri App R (SC) 113 ::1978 MadLW (Cri) 103 ::1978 AllCriC 131 ::(1978) 2 SCC 403 ::1978 SCC Cri 215 ::(1978) 3 SCR 434 ::(1978) 2 SC WR 45

Supreme Court Of India

(From: 1977 Pun LJ (Cri) 157)

Hon'ble Judge(s): S. Murtaza Fazal Ali, P. N. Shinghal , JJ

Penal Code (45 of 1860) , S.500— Defamation - Complaint - Limitation - Prosecution under Ss. 406/420 I.P.C. culminating in acquittal - Complaint under S. 500 by accused therein - Limitation commences from date of filing complaint under Ss. 406/420 I.P.C. and not from date of his acquittal. 1977 Pun LJ (Cri) 157 Reversed. Criminal P.C. (2 of 1974) , S.468, S.469, S.470— A complaint under S. 500, Penal Code for defamation will be barred if filed three years after the commission of the offence. Where in a complaint under S. 500 it is alleged that the defamatory matter was contained in a complaint under Ss.406/420 Penal Code against the complainant, the period of limitation for filing complaint under S. 500, Penal Code would commence from the date of the complaint under S. 406/420 Penal Code and not from the date the complainant was finally acquitted of offences under Ss. 406/420 Penal Code. Sub-s. (1) of S. 469 of Cr. P.C. specifically provides that the period of limitation prescribed in S. 468, in relation to an offender, shall commence (inter alia) on the date of the offence and the question of cause of action would not arise in such case as the controversy relates to the commission of an offence. The exclusion of time for computing the period of limitation could not also be claimed under S. 470(1) as it could not be said the complainant was pr....