M L PASRICHA Vs. KAILASHCHAND MITTAL

JUDGEMENT

(1.) This petition challenges the want of jurisdiction of the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay, in respect of a complaint filed by Respondent No. 1. Respondent No. 1 filed a complaint, being Criminal Case No. 92/8/1982, under section 630 of the Companies Act, 1956. read with section 406 of the Indian Penal Code on the allegation that the petitioner bas wrongfully withheld possession of a residential flat which was allotted to him by the National Insurance Co. Ltd. when the Petitioner was in its employment and the Petitioner failed to surrender the same once he retired from service.

(2.) Though the Complaint was filed on 5.4.1982, summons was issued against the Petitioner on 20.12.1 982 and for the first time evidence was recorded in this case on behalf of the Complainant on 26.8.1985 and the matter was thereafter posted for continuation of the examination in - chief on 27.1.1986 and then adjourned for cross-examination 10.2.1986.

(3.) Relying upon section 177 of the Code of Criminal Procedure, 1973, and other sections in support, it is contended by Shri N.H. Gursahani, learned Counsel for the Petitioner, who is accused in that Criminal Case, that a residential flat in respect of which the offence is alleged to have been committed by the Petitioner, being situated at Setalwad Road, Bombay 400 006, any offence in relation thereto falls within the local limits of the Court of the Metropolitan Magistrate at Girgaum and, therefore, the Court of the Additional Chief Metropolitan Magistrate. 37th Court, Esplanade does not have jurisdiction to entertain and try that Complaint.