Territorial jurisdiction under insolvency law follows the corporate debtor's registered office, overriding general criminal procedure rules.

Territorial jurisdiction for complaints under the Insolvency and Bankruptcy Code, 2016 is governed by the special statutory scheme linking trial to the place where the corporate person's registered office is situated. Section 236 of the Code, read with Section 436(1)(a) of the Companies Act, 2013, requires cognizance before the competent Special Court, and this special regime overrides the general territorial rules under the Code of Criminal Procedure, 1973. A complaint concerning a corporate person with its registered office in New Delhi could not be entertained by the Gwalior court, and had to be presented before the appropriate Special Court there.

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Issues: Whether the Court of IX Additional District and Sessions Judge, Gwalior had territorial jurisdiction to take cognizance of the complaint relating to offences under the Insolvency and Bankruptcy Code, 2016, and whether the complaint had to be filed before the Special Court having jurisdiction where the registered office of the corporate person is situated.

Analysis: The complaint arose from alleged non-compliance of directions issued in insolvency proceedings concerning a corporate person whose registered office was admittedly situated at New Delhi. Under Section 236 of the Insolvency and Bankruptcy Code, 2016, offences under the Code are triable by the Special Court established under Chapter XXVIII of the Companies Act, 2013, and cognizance can be taken only on a complaint by the Board, the Central Government, or an authorised person. Section 60(1) of the Insolvency and Bankruptcy Code, 2016 fixes the territorial jurisdiction of the adjudicating authority by reference to the place where the registered office of the corporate person is located. Read with Section 436(1)(a) of the Companies Act, 2013, the special statutory scheme confers jurisdiction on the Special Court linked to that place and overrides the general territorial rules under the Code of Criminal Procedure, 1973. The plea that jurisdiction could rest at Gwalior because of residence of directors or continuing default was held not to prevail against this special scheme.

Conclusion: The Gwalior court lacked jurisdiction to entertain the complaint, and the complaint was required to be presented before the competent Special Court at New Delhi.

Ratio Decidendi: For offences under the Insolvency and Bankruptcy Code, 2016, territorial jurisdiction for trial is governed by the special statutory scheme tying the case to the place where the corporate person's registered office is situated, and that scheme prevails over the general territorial jurisdiction provisions of the Code of Criminal Procedure, 1973.

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