BHORUKA STEEL LTD Vs. MANISH N VORA

JUDGEMENT

(1.) Applicants are before this Court seeking relief that,

(2.) Mr.Arun H.Mehta, the learned Senior Counsel appearing for the applicants submitted that the present case is squarely covered by a decision of this Court in other similar matters being Criminal Misc.Application Nos.3777, 3778 and 3779 of 1993 decided by this Court (Coram: K.J.Vaidya, J.) by judgment and order dated 17.12.1994. He submitted that the Magistrate has no jurisdiction to entertain the complaint filed against the present applicants and on that short ground, by following the reasonings of this Court in the aforesaid judgment and order dated 17.12.1994, the present application be allowed and the complaint be quashed.

(3.) Mrs.Manisha L.Shah, the learned Additional Public Prosecutor relied upon a decision of the Hon'ble the Apex Court in the matter of TRISUNS CHEMICAL INDUSTRY VS. RAJESH AGARWAL AND OTHERS, reported in (1999) 8 S.C.C. 686 and submitted that the Hon'ble the Apex Court has held that, "Magistrate taking cognizance of offence need not have territorial jurisdiction to try the case as well." She submitted that the Hon'ble the Apex Court was pleased to hold that, "any Judicial Magistrate of First Class has power to take cognizance of any offence, whether committed within his jurisdiction or not." The learned Additional Public Prosecutor further submitted that the Hon'ble the Apex Court was pleased to hold that,