AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2020 (9) TMI 1305
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....nant, who is the second Respondent herein. 3. The Petitioner herein was appointed on 04.08.2016 as the Group Chief Risk Officer-Executive Director of the second Respondent, which is a non-banking finance company and which happens to be the de facto complainant in the criminal cases whose transfer is what is sought in these petitions. It is relevant to note that the Petitioner, upon his appointment, joined the Delhi Office of the second Respondent-Company on 04.08.2016 and he was transferred to Mumbai on 10.04.2017. The Petitioner resigned in July-2018. 4. Three loans sanctioned by the second Respondent-Company, during the period when the Petitioner was in service, became the subject-matter of three different complaints lodged by the second Respondent-Company. All the three complaints were lodged by the second Respondent with the Station House Officer, Civil Lines, Gurugram P.S. For the purpose of easy appreciation, the particulars of the loan and the borrower, as well as the particulars of the FIR are given in the tabular column as follows: S. No. FIR No. Offences Complained Borrower Date of Sanction Amount of loan 1. 452/2018 Sections 406, 408, 420, 120-B r/w Section 34....
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.... messages filed before me as part of the paper book. 11. Mr. Vikas Singh, learned Senior Counsel, took me through the loan agreements under which the second Respondent-Company sanctioned the subject loans and argued that in all the three loan agreements, the place of execution of the agreement, the Branch office of the lender and the address of the borrower are indicated. For instance, the loan agreement dated 26.10.2016 under which facilities were extended to Zillion Infraprojects Private Limited (which forms the subject-matter of FIR No. 452/2018), the place of execution of agreement and the address of the Branch Office of the lender are indicated to be at Delhi. The address of the borrower as well as the Co-borrower are also stated to be in Delhi. The branch of the bank on which the cheque for the loan amount was drawn was also in Delhi. 12. Similarly the loan agreement under which facilities were extended to Hotel M.S. (which forms the subject matter of the third FIR) indicates the place of agreement and Branch Office of the lender to be Indore. The address of the borrower is also stated therein to be in Indore. The address of the lender is indicated to be in Bombay. 13. Ins....
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....ee v. Hanuman Prasad Ojha and Ors. 2007 (5) SCC 786. 17. I have carefully considered the rival contentions. 18. As seen from the pleadings and the rival contentions, the Petitioner seeks transfer, primarily on the ground of lack of territorial jurisdiction. While the question of territorial jurisdiction in civil cases, revolves mainly around (i) cause of action; or (ii) location of the subject matter of the suit or (iii) the residence of the Defendant etc., according as the case may be, the question of territorial jurisdiction in criminal Cases revolves around (i) place of commission of the offence or (ii) place where the consequence of an act, both of which constitute an offence, ensues or (iii) place where the Accused was found or (iv) place where the victim was found or (v) place where the property in respect of which the offence was committed, was found or (vi) place where the property forming the subject matter of an offence was required to be returned or accounted for, etc., according as the case may be. 19. While jurisdiction of a civil court is determined by (i) territorial and (ii) pecuniary limits, the jurisdiction of a criminal court is determined by (i) the offence a....
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....into or tried by a Court having jurisdiction over any of such local areas. (4) In the case of a continuing offence which is committed in more local areas than one, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. (5) Where an offence consists of several acts done in different local areas it may be inquired into or tried by a Court having jurisdiction over any of such local areas. (Numbers 2 to 5 are traceable to Section 178) (6) Where something is an offence by reason of the act done, as well as the consequence that ensued, then the offence may be inquired into or tried by a Court within whose local jurisdiction either the act was done or the consequence ensued. (Section 179) (7) In cases where an act is an offence, by reason of its relation to any other act which is also an offence, then the first mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either of the acts was done. (Section 180) (8) In certain cases such as dacoity, dacoity with murder, escaping from custody etc., the offence may be inquired into and tried by a Court within whose local jurisdiction either the offence was commi....
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....n 220 (commission of more offences than one, in one series of acts committed together as to form the same transaction) and cases falling Under Section 221, (where it is doubtful what offences have been committed), may be inquired into or tried by any Court competent to inquire into or try any of the offences. (Section 184). 21. Apart from Sections 177 to 184, which lay down in elaborate detail, the Rules relating to jurisdiction, Chapter XIII of the Code also contains a few other sections. Section 185 empowers the State Government to order any case or class of cases committed for trial in any district, to be tried in any Sessions division. Section 186 empowers the High Court, in case where 2 or more courts have taken cognizance of the same offence and a question as to which of them should inquire into or try the offence has arisen, to decide the district where the inquiry or trial shall take place. Section 187 speaks of the powers of the Magistrate, in case where a person within his local jurisdiction, has committed an offence outside his jurisdiction, but the same cannot be inquired into or tried within such jurisdiction. Sections 188 and 189 deal with offences committed outside ....
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....461 uses the word 'offence' only once, namely in Clause (a), but uses the word "offender" twice namely in Clauses (l) and (m). Therefore, it is clear that if an offender is tried by a Magistrate not empowered by law in that behalf, his proceedings shall be void Under Section 461. Section 462 does not make the principle contained therein to have force notwithstanding anything contained in Section 461. 28. Section 26 of the Code divides offences into two categories namely (i) offences under Indian Penal Code and (ii) offences under any other special law. Insofar as offences under the Indian Penal Code are concerned, Clause (a) of Section 26 states that they may be tried by (i) the High Court or (ii) the Court of Session or (iii) any other Court, by which such offence is shown in the first Schedule to be triable. In respect of offences under any other law, Clause (b) of Section 26 states that they shall be tried by the Court specifically mentioned in such special law. In case the special law is silent about the Court by which it can be tried, then such an offence may be tried either by the High Court or by any other Court by which such offence is shown in the first Schedule t....
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....uestion arose before the Calcutta High Court in Ramnath Sardar v. Rekharani Sardar (1975) Criminal Law Journal 1139, as to the stage at which an objection to the territorial jurisdiction of the court could be raised and considered. In that case, the objection to the territorial jurisdiction raised before a Magistrate in a petition for maintenance filed by the wife against the husband, was rejected by the Magistrate both on merits and on the basis of the saving Clause in Section 531. But the High Court held that Section 531 would apply only after the decision or finding or order is arrived at by any Magistrate or Court in a wrong jurisdiction and that if any objection to the territorial jurisdiction is taken in any proceeding, it would be the duty of the Magistrate to deal with the same. 35. In Raj Kumari Vijh v. Dev Raj Vijh AIR 1977 SC 1101, which also arose out of a case filed by the wife for maintenance against the husband, the Magistrate rejected a prayer for deciding the question of jurisdiction before recording the evidence. Actually the Magistrate passed an order holding that the question of jurisdiction must await the recording of the evidence on the whole case. Ultimately....