VidhiSangh

Supreme Court of India · 28/02/2022

AMRITLAL versus SHANTILAL SONI & ORS.

[2022] 1 S.C.R. 721 · 2022 INSC 243

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Summary

The High Court quashed a breach-of-trust prosecution because cognizance was taken more than three years after the alleged refusal to return entrusted silver. Applying the Constitution Bench decision in Sarah Mathew, the Court held that the relevant date was filing of the complaint or institution of prosecution, rather than cognizance. The written complaint was timely. It restored the trial, rejected the proposed reconsideration of binding precedent and authorised appropriate measures against further obstruction.

Issues

  1. Whether limitation was assessed by the complaint or prosecution institution date, or by the later cognizance date.
  2. Whether the High Court’s quashing order could survive the binding Constitution Bench ruling.
  3. What directions should govern continuation of the trial.

Provisions considered

Held

Result

Appeal allowed. The High Court’s quashing order was set aside and its Section 482 petition dismissed. Expeditious trial was directed, with parties placed on notice to appear on 1 April 2022 and appropriate measures permitted against further obstruction.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 721.