TaxTMI 
TaxTMI 
2026 (5) TMI 1173
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....he Cr.P.C. registered with case No.SC/38/2021 before the Court of IX Additional District and Sessions Judge, Gwalior. 2. Learned counsel for the complainant submitted that a complaint was filed by the complainant/respondent against the accused/petitioners under Section 236 for offences under Sections 19, 68, 69, 70, 74(1) and 235A of the Insolvency and Bankruptcy Code, 2016 read with sections 190, 193, and 200 of the Code of Criminal Procedure, 1973 which was registered as case no.SC/38/2021 before learned Court of IX Additional District and Session Judge, Gwalior. The complaint is sub-judice before the Court of IX Additional District and Session Judge, Gwalior. Subsequent to the filing of complaint by the complainant/respondent, summons....
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....lvency and Bankruptcy Code (hereinafter referred as IBC). Sections 236(1) and 236(2) of the IBC expressly provide as under: "(1) Notwithstanding anything in the Code of Criminal Procedure, 1973 (2 of 1974), offences under of this Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013 (18 of 2013)" "(2) No Court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Board or the Central Government or any persons authorised by the Central Government in this behalf." 5. Section 436(1)(a) of Chapter XXVIII of the Companies Act, 2013 reads as under: "436. Offences triable by Special Courts (1) Notwithstanding anything contained in....
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....olvency resolution and liquidation for corporate persons including corporate debtors and personal guarantors thereof shall be the National Company Law Tribunal having territorial jurisdiction over the place where the registered office of the corporate person is located." 8. It is also admitted by the complainant/respondent that the allegations arise out of alleged non-compliance of directions issued by the NCLT Principle Bench. As per the notification dated 01.06.2016, the NCLT Principle Bench is situated at New Delhi and exercises its jurisdiction over the Union Territory of Delhi, State of Haryana and State of Rajasthan. 9. Vide notification dated 27.07.2016 issued by the Ministry of Corporate Affairs, the Court of Additional Sessio....
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....mitted. He further argued that, Section 178 of the Code provides that in cases of continuing offences or where acts occur across multiple jurisdictions, the matter may be inquired into or tried by a court having jurisdiction over any such local area. He also submitted that under Section 179 of the Code, where an act constitutes an offence by reason of its consequences, the jurisdiction also lies where such consequences ensue. Therefore, in light of the residence of the suspended directors and the continuing nature and consequences of the contraventions, the courts at Gwalior have the appropriate jurisdiction to inquire into and try the present matter. The petitioners had not raised any issue regarding the jurisdiction before the lower court....
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....of residence of the directors or alleged continuing defaults cannot be accepted in the present case, in light of the special statutory scheme governing trial of offences under the IBC, which clearly mandates jurisdiction based on the location of the registered office. Therefore, the assumption of jurisdiction by the Court of IX Additional District & Sessions Judge, Gwalior is found to be contrary to the statutory mandate and cannot be sustained. 17. Consequently, the present petition is disposed of with a direction to the respondent/complainant/Board to file the complaint before the competent Special Court having jurisdiction at New Delhi/competent court having jurisdiction, in accordance with law. It is made clear that this Court has no....