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Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): Jagdish Singh Khehar, S. A. Bobde , JJ

Criminal P.C. (2 of 1974) , S.190, S.482— Taking cognizance of offences - Powers of special Court - Complainant alleging that accused, Company, its Directors etc. conspired to cheat complainant - Also made false declaration with regard to record of company - Special Court constituted for trial of economic offences can take cognizance and try offences under both Penal Code and Companies Act - Complaint, held cannot be quashed on ground that complainant did not belong to any of categories or persons entitled to file complaint under S. 621 of Companies Act. Cri. Pet. Nos. 5493, 5577 and 5658 of 2008, D/- 18-3-2009 (AP), Reversed. Companies Act (1 of 1956) , S.628, S.621— Penal Code (45 of 1860) , S.120B, S.420— In the instant case the allegations in the complaint are that the accused conspired with each other to cheat the complainant and a series of transactions gave rise to offence under S. 120B read with Section 420 of the Penal Code as also Section 628 of the Companies Act. Regarding marking false statement with regard to record of company It is, therefore, clear that if the Special Court has jurisdiction to try offences under both the aforesaid Acts then the trial can certainly continue in respect of the offences which do not require the complainant to belong to the categories specified under S. 621 of the Companies Act. Thus the trial cou....