HITEN P DALAL Vs. BRATINDRANATH BANERJEE

JUDGEMENT

(1.) The appellant was found guilty of an offence under Section 138 of the Negotiable Instruments Act, 1881 by the Special Court set up under the Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992 (referred to as, the "Act"). The appellant was sentenced to rigorous imprisonment for a term of one year and a fine for a sum of Rs. 1 lakh, in default to undergo further rigorous imprisonment for term of three months. Aggrieved by the judgment and order of the Special Court, the appellant has preferred this appeal.

(2.) In the course of the hearing of the appeal before this Court, learned counsel for the appellant raised a preliminary issue based on the language of sub-section (2) of Section 3 of the Act. It was contended that the jurisdiction of the Special Court was limited to offences committed between 1-4-1991 and on or before 6-6-1992 and the offence alleged having taken place after 6-6-1992, the Special Court had no jurisdiction to try it. The Bench then hearing the appeal, recorded in its order dated 7-9-1999.

(3.) The matter was thereafter placed before this Bench and heard.