SEC. 498A AND LIMITATION

WHEN THERE IS NO CONTACTS BETWEEN THE COMPLAINANT AND RELATIVES OF HUSBAND FOR MORE THAN 3 YEARS, FROM THE DATE OF THE ALLEGED OFFENCE AND MARRIAGE, NO COGNIZANCE CAN BE TAKEN IN TO, AFTER FILING CHARGE SHEET FOR MORE THAN 3 YEARS. Section 494. Marrying again during lifetime of husband or wife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. 468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) Six months, if the offence is punishable with fine only;

(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

¹[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.] 469. Commencement of the period of limitations.

(1) The period of limitation, in relation to an offence, shall commence, -

(a) On the date of the offence; or

(b) Where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

(c) Where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed shall be excluded.---2010[1]ALD CRI.953.

SEC. 498a AND 494 IPC- BY SECOND WIFE

COMPLAINT BY SECOND WIFE WHO FIELD CASE THAT THE HUSBAND SUPPRESSING FIRST MARRIAGE, MARRIED HER AND SUBJECTED HER FOR ADDITIONAL DOWRY HARASSMENT, IS MAINTAINABLE ?. AS THERE IS NO CLEAR DEFINITION IN THE SECTION FOR THE WORD "HUSBAND" - INCLUDING SUCH PERSONS WHO CONTACT MARRIAGE OSTENSIBLY AND COHABITATE WITH A WOMAN, [IT IS JUST AND NECESSARY TO INCLUDE THE HUSBANDS OF SUCH WHO IN PURPORTED EXERCISE OF HIS ROLE AND STATUS AS "HUSBAND" TO COVER A PERSON WHO ENTERS INTO MARITAL RELATIONSHIP AND UNDER COLOR OF SUCH PROCLAIMED HUSBAND SHOULD BE ADDED] , is not a ground to exclude for the offences of 498A and 304B - supression of mischief rule can be pressed into service.

Section 494. Marrying again during lifetime of husband or wife Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation-For the purpose of this section, "cruelty" means- (a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.] Section 494. Marrying again during lifetime of husband or wife Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. 2010 [1] ALD SC 331

sec.498A IPC - DIVORCE

AS THE OFFENCE WAS COMMITTED PRIOR TO TALAQ /DIVORCE, THE CASE AGAINST THE ACCUSED IS MAINTAINABLE UNDER SEC.498-A I.P.C.

SECOND NOTICE - CHEQUE BOUNCE - REPRESENTED AT THE REQUEST OF ACCUSED

WHEN FIRST NOTICE ISSUED, IT WAS RETURNED AS DOOR LOCKED. SECOND PRESENTATION AND SECOND NOTICE, SERVED ON ACCUSED, NO REPLY, OR NO PAYMENT, " THE WORD USED IS "RECEIPT OF NOTICE " 15 DAYS FROM THE DATE OF THE RECEIPT OF NOTICE . SO WHEN THE CHEQUE IS PRESENTED SECOND TIME AT THE REQUEST OF THE ACCUSED FOR SECOND TIME, AND WHEN DEMAND NOTICE ISSUED AND WHEN IT WAS NOT COMPLIED, CASE IS MAINTAINABLE -2010[1] ALD CIMINAL AP 134

TIME BARRED DEBT - CHEQUE BOUNCE- MAINTAINABLE IF SAVED UNDER SEC.18 OF LIMITATION ACT

SEC.138 DEBT THOUGH TIME BARRED, ADMITTED BY PART PAYMENT, FATHER OF ACCUSED ENDORSED PART PAYMENT ON THE BACK SIDE OF PRONOTE, ACCUSED WROTE A LETTER ADMITTING THE PART PAYMENT MADE BY HIS FATHER , LATER CHEQUE WAS ISSUED AND BOUNCED - CASE IS MAINTAINABLE AS PART PAYMENT IS SAVED BY LIMITATION 2010[1] ALD CRIMINAL AP 374.