CHUNDRU HARI RAO Vs. VIJAYA ENGINE VALVES KAKINADA

JUDGEMENT

(1.) As common question of law arises in these two cases, they are disposed of by this common order.

(2.) Criminal Petition No.3570/95 is filed under Section 482 Cr.P.C to quashthe proceedings in S.T.C. No.93/95 on the file of IV Additional Judicial First Class Magistrate, Kakinada.

(3.) The matter came up before the learned Sri P. Ramakrishnam Raju, J. ,with the following facts:- The respondent company had filed S.T.C. No.93/95 against the petitioner under Sections 622 and 630 of Companies Act before the IV Additional Judicial First Class Magistrate, Kakinada. The petitioner's contention was that by virtue of G.O. Rt. No.734, Home (Courts-A) Department, dated 13-3-1981, a Special Court is constituted to deal with the offences arising out of certain enactments including the Companies Act. Therefore, the Judicial First Class Magistrate has no jurisdiction to try the case. In support of this contention the learned Counsel had relied upon the judgment in K.K. Maheswari vs. M/s. Rockhard Building Materials Limited.