TMI Blog2018 (9) TMI 2135X X X X Extracts X X X X X X X X Extracts X X X X ..... nion 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 police stations will have jurisdiction to investigate the offence - the objection of the applicant, with regard to the lack of territorial jurisdiction of Police Station Sirol, Distt. Gwalior is hereby rejected. Prosecution for offences - it is contended by applicant that in view of the specific provisions of Sections 439(1), (2), 436(1)(2),441, 442, 435 and 445 of Companies Act, the applicant cannot be prosecuted for offences punishable under Penal Code - HELD THAT:- It is fairly conceded by the Counsel for the applicant, that there is no provision in Companies Act, which ousts the applicability of the provisions of Indian Penal Code - The Supreme Court in the case of STATE OF NCT OF DELHI VERSUS SANJAY AND JAYSUKH BAVANJI SHINGALIA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 amount in the account of the company. It was alleged the flats and shops were sold in favour of the co-accused persons at a much lower price than the scheduled price, who in their turn, sold the flats and shops to the bona fide purchasers at a higher price and thus, played fraud with the Company, and the actual consideration amount was misappropriated by the applicant, his wife, daughter Aishwarya by depositing the same in their bank accounts. The fraudulent transactions done by the applicant and the co-accused persons for misappropriating the funds of the Company were also mentioned in det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Noida and all the decisions were taken at Noida, therefore, only the Noida police has territorial jurisdiction to investigate the matter and the Police Station Sirol, Distt. Gwalior, has no territorial jurisdiction to entertain the matter. The submission made by the Counsel for the applicant is misconceived and is hereby rejected. Undisputedly, the residential township in the name and style of Windsor Hills has been constructed within the territorial jurisdiction of Police Station Sirol, Distt. Gwalior. It is the allegation of the complainant, that initially, the sham sale deeds in respect of 36 flats and shops were executed in favour of the co-accused persons, at a very low price and even much below the actual price of the flats and shops and thereafter, the 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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, with regard to the lack of territorial jurisdiction of Police Station Sirol, Distt. Gwalior is hereby rejected. It is next contended by the Counsel for the applicant, that in view of the specific provisions of Sections 439(1), (2), 436(1)(2),441, 442, 435 and 445 of Companies Act, the applicant cannot be prosecuted for offences punishable under Penal Code. The submissions made by the Counsel for the applicant is misconceived and is hereby rejected. It is fairly conceded by the Counsel for the applicant, that there is no provision in Companies Act, which ousts the applicability of the provisions of Indian Penal Code. Section 26 of General Clauses Act, reads as under:- 26. Provision as to offences punishable under two or more enactments.-- Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... next contended by the Counsel for the applicant that as per the provision of Section 430 of Companies Act, the jurisdiction of the Civil Court is barred, therefore, it should be presumed that the jurisdiction of the Criminal Court is also barred. The submission made by the Counsel for the applicant cannot be accepted. Section 430 of Companies Act, reads as under: 430. 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 Indian Penal Code, then nothing had prevented the Legislature from ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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