SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2010 Supreme(SC) 392

MARKANDEY KATJU, A.K.PATNAIK
Krishna Kumar Variar – Appellant
Versus
Share Shoppe – Respondent


Advocates appeared:
For the Appellant:Vineet Bhagat, K.G. Bhagat, Mrs. Manju Bhagat, Monohar Singh Bakshi, Varun Kumar, Advocates. For the Respondent:Sonal Jain, Gautam Laha, Pravir Kumar Jain, Advocates.

Judgment :

Heard learned counsel for the parties.

2. Leave granted.

3. This appeal has been filed against the impugned judgment and order dated 14.05.2009 of the High Court of Delhi whereby the petition filed under Section 482 Cr.P.C. by the petitioner herein has been dismissed.

4. The appellant herein is an accused under Sections 415/420 IPC in which summons have been issued to him by a Court at Delhi. He challenged the summoning order on the ground that it is only the Court at Bombay which has jurisdiction to try and entertain the complaint. His petition under Section 482 Cr.P.C. challenging the summoning order has been rejected by the High Court by the impugned order. Hence he is before us in this appeal.

5. In our opinion, in such cases where the accused or any other person raises an objection that the Trial Court has no jurisdiction in the matter, the said person should file an application before the Trial court making this averment and giving the relevant facts. Whether a Court has jurisdiction to try/entertain a case will, at least in part, depend upon the facts of the case. Hence, instead of rushing to the higher Court against the summoning order, the concerned person should

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top