N GOVARDHAN Vs. JAVOB ABHRAHAM

JUDGEMENT

(1.) THE statutory notice is issued on 23-2-99. Respondent - accused received notice on 26-2-99. The complaint is filed on 13-3-1999. The date of receipt of notice is to be excluded for reckoning the limitation. Thus it is seen that the complaint is filed on the 46th day. There is a delay of one day in filing the complaint. The amended provisions of the NI Act permitting condonation of delay in filing the complaint is effected subsequent to the commission of the offence. Art.20 of the Constitution injuncts that no legislation can be made to make an act or omission constitute an offence punishable offence with retrospective effect. In that view, the delay of one day cannot be condoned. The complaint is barred by time. The order of acquittal is sound and proper. The appeal is dismissed.