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MRIDUL KUMAR KALITA
Pabitra Kumar Hira, S/o. Late Maneswar Hira – Appellant
Versus
State of Assam, Represented by PP, Assam – Respondent
JUDGMENT :
(Mridul Kumar Kalita, J.)
1. Heard Ms. P. Barua, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor representing the State of Assam (respondent No. 1) as well as Mr. D. Das, learned Senior counsel assisted by Mr. D. Talukdar, learned counsel for respondent No. 2.
2. This Criminal Petition has been registered on filing of an application, under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner, namely, Shri Pabitra Kumar Hira, impugning the judgment and order dated 29.04.2024, passed by the learned Session Judge, Darrang, Mangaldai, in Criminal Revision Case No. 1/2022, whereby, the said criminal revision was allowed and the order dated 12.11.2021 passed by the learned Chief Judicial Magistrate, Darrang, Mangaldai, in CR Case No. 243/2014 was set aside. By the aforesaid order, the learned Chief Judicial Magistrate Darrang, Mangaldai had framed charges against the respondent No.2 under Section 420/406/385 of the Indian Penal Code.
3. The facts relevant for consideration of the instant criminal petition, in brief, are as follows:
The court ruled that non-delivery of goods at the complainant's address constitutes an offence under IPC, allowing the trial to proceed despite claims of lack of territorial jurisdiction.
The territorial jurisdiction of a court to try a criminal case is determined by the place where the offense was committed. However, Section 178 of the Criminal Procedure Code allows for trial in a co....
A complaint involving outstanding salary claims does not constitute a criminal offense when it lacks elements of criminal intent, and the appropriate claim should be made in civil courts.
Jurisdiction for complaints under Section 138 of the N.I. Act lies where the cheque is presented for collection; mere inconvenience does not justify transfer under Section 406 Cr.P.C.
As per Section 177 Cr.P.C., every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
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