TaxTMI 
TaxTMI 
2018 (9) TMI 2135
X X X X Extracts X X X X
X X X X Extracts X X X X
....No. 437/2017, which are pending before the Court of 9th Additional Sessions Judge, Gwalior. The necessary facts for the disposal of the present application in short are that the complainant Rajiv Shrivastava lodged a report that Assotech C.P. Infrastructure Pvt. Limited started a project in the name and style of Windsor Hills in Gwalior and a residential township was to be constructed. The applicant was given the charge of looking after the residential township in which Flats, Villas, Shops etc. were to be constructed. It was alleged that the applicant, in connivance of the co-accused P.K. Shrivastava, Mukesh, Dilip, Ankit Ranjan, Anand Shrivastava, and Sidharth Shrivastava, sold 36 Flats and shops and did not deposit the consideration amo....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... allegations are squarely covered by different provisions of Companies Act and in view of provisions of Sections 439(1)(2), 436(1)(2), 441, 442, 435 and 445 of Companies Act, the prosecution of the applicant under provisions of Indian Penal Code is unwarranted as when a separate provision has been made in the Special Statute, then the applicant should not be prosecuted for offences punishable under Section 420, 467, 409, 120-B of I.P.C. Per contra, it is submitted by the Counsel for the State, that so far as the territorial jurisdiction of the Police Station Sirol, Distt. Gwalior is concerned, undisputedly, the residential Township, known as Windsor Hills was constructed in Gwalior, different fraudulent Sale deeds have been executed at Gwa....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e same property was sold in favour of the actual borrowers at a much higher price, and the consideration amount was not deposited in the account of the Company. All the sale deeds were executed in Gwalior. Thus, it is clear that the entire offence has taken place in Gwalior. In the considered opinion of the Court, the offence has been committed within the territorial jurisdiction of Police Station Sirol, Distt. Gwalior. Even otherwise, if for the sake of argument, it is accepted, that the decision taken at Noida, can also be treated as a part of cause of action/offence, then it is well-established principle of law that where the offence has taken place within the territorial jurisdiction of more than one police stations, then each of the po....
X X X X Extracts X X X X
X X X X Extracts X X X X
....thin whose local jurisdiction it was committed. However, when it is uncertain in which of several local areas an offence was committed or where an offence is committed partly in one local area and partly in another or where an offence is a continuing one, and continues to be committed in more than one local area and takes place in different local areas as per Section 178, the Court having jurisdiction over any of such local areas is competent to inquire into and try the offence. Section 179 makes it clear that if anything happened as a consequence of the offence, the same may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued." Thus, the objection of the applicant, w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o take resort to the provisions of the general criminal law, particularly when charges under the Prevention of Corruption Act, 1988, are involved." The Supreme Court in the case of State (NCT of Delhi) Vs. Sanjay reported in (2014)9 SCC 772 has held as under:- "61. Reading the provisions of the Act minutely and carefully, prima facie we are of the view that there is no complete and absolute bar in prosecuting persons under the Penal Code where the offences committed by persons are penal and cognizable offence." The Supreme Court in the case of State of Maharashtra Vs. Sayyad Hassan Sayyad Subhan, by judgment dated 20-9-2018, passed in Criminal Appeal No. 1195 of 2018 has held as under:- "8. In Hat Singh's case this Court discussed....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Civil court not to have jurisdiction.-- No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force, by the Tribunal or the Appellate Tribunal." The submission made by the Counsel for the applicant, that the word "Civil Court", should be read as "Criminal Court" also, is misconceived. If the intention of the Legislature was to exclude the provisions of In....