MINOO MEHTA Vs. SHAVAK D MEHTA

JUDGEMENT

(1.) LEAVE granted.

(2.) WE have heard learned counsel for the parties. The short question involved in this appeal is as to whether the Special Court, functioning under the provisions of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter referred to as 'the Act'), has jurisdiction to entertain and try the criminal case filed by respondent-complainant against the appellant-accused. The Special Court consisting of learned single Judge of the High Court of Bombay has held that the proceedings are within its jurisdiction. The appellant-accused has challenged the said decision in the present appeal. A few introductory facts leading to these proceedings are required to be noted at the outset.

(3.) IT is in these circumstances that the complainant has filed this complaint with a case that the accused had committed offence of criminal breach of trust and dishonest misappropriation of the securities. The complaint was filed by the complainant before the Special Court both against the appellant as well as accused No. 2 Paresh B. Patel. However no charge is framed by the Special Court against accused No. 2. Hence he is out of picture. The complaint, therefore, survives only against the present appellant, accused No. 1 who is now the sole accused. IT may be noted that the complaint was filed by the respondent-complainant on 13/04/1994 before the Special Court for the aforesaid alleged offence. The said case was registered as Special Case No. 1 of 1995. The Special Court issued summons to the appellant and framed charge against the appellant as under :