Judgment

S.B. Majmudar, J.-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.

Background Facts

3. The respondent-complainant is the uncle and the appellant-accused is his nephew. It is the case of the respondent-complainant who is aged about 85 years that he is an architect by profession. That ac­cused is the son of his brother, that is, his nephew. He filed a criminal complaint under Section 409 of the Indian Penal Code (‘IPC’ for short). We will refer to the respondent as the complainant and the appellant as