SUPREME COURT OF INDIA
RUMA PALL,BRIJESH KUMAR,B.N.KIRPAL
HITEN P. DALAL – Appellant
Versus
BRATINDRANATH BANERJEE – Respondent
Crl.A. No.-000688-000688 / 1995
11-07-2001
K. J. JOHNK. R. NAMBIAR
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CASE NO.:
Appeal (crl.) 688 of 1995
PETITIONER:
HITEN P. DALAL
Vs.
RESPONDENT:
BRATINDRANATH BANERJEE
DATE OF JUDGMENT: 11/07/2001
BENCH:
Ruma Pall, Brijesh Kumar, B.N.Kirpal
JUDGMENT:
RUMA PAL, J
The appellant was found guilty of an offence under
Section 138 of the Negotiable Instruments Act, 1881 by the
Special Court set up under the Special Court (Trial of
Offences relating to Transactions in Securities) Act, 1992
(referred to as, the "Act"). The appellant was sentenced to
rigorous imprisonment for a term of one year and a fine for a
sum of Rs. 1 lakh, in default to undergo further rigorous
imprisonment for a term of three months. Aggrieved by the
judgment and order of the Special Court, the appellant has
preferred this appeal.
In the course of the hearing of the appeal before this
Court, learned counsel for the appellant raised a preliminary
issue based on the language of sub Section 2 of Section 3 of
the Act. It was contended that the jurisdiction of the Special
Court was limited to offences committed between 1. 4. 1991
and on or before 6.6.1992 and the offence alleged having
taken place after 6.6.92, the Special Court had no
jurisdiction to try it. The Bench then hearing the appeal,
recorded in its order dated 7.9.1999:
"... ... ... Prima Facie we are not in agreement
with the contention raised by the learned counsel
for the appellant on first principles but the
learned counsel for the appellant has brought to
our notice a judgment of this Court in the case of
Minoo Mehta vs. Sharak D. Mehta (1998) 2
SCC 418. In the aforesaid judgment on facts of
that case this question possibly did not arise for
consideration but even otherwise Their Lordships
in paragraph 12 have come to the conclusion :
’Therefore, every offence pertaining to any
transaction in securities which is covered by the
sweep of the Act, that is if such transaction has
taken place between 1.4.1991 and on or before
6.6.1992 would be subjected to the provisions of
the Act regarding trial of such an offence.’
Having held so in the later part of the said
paragraph the Lordships have come to the
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conclusion:
’The offence referred to in sub-section (2)
of Section 3 which is within the sweep of Section
7 of the Act must be on offence committed by
any person and must have the following two
characteristics:
1. Such offence must relate to transactions in
securities; and
2 Such offence should be alleged to have
been committed between 1.4.1991 and on
or before 6.6.1992’.
This statement of law is contrary to what
their Lordships have said in the earlier paragraph
as referred to earlier and we are not in agreement
with the enunciation made in the second part of
paragraph 12 quoted above. In this view of the
matter, we think it appropriate that this appeal
should be placed before a 3-Judge Bench."
The matter was thereafter placed before this Bench and
heard.
The apparently contradictory observations in Minoo
Mehta V. Shavak D. Mehta, need resolution with reference
to the provisions of the Act.
The Act was promulgated on 6.6.92 to "provide for the
establishment of a Special Court for the trial of offences
relating to transactions in securities and for matters
connected therewith or incidental thereto."
The jurisdiction of the Special Court was specified in
Section 7 and was limited to offences referred to in section
3(2) of the Act. Section 3(2) insofar as it is relevant
provides:
"....... Any offence relating to transactions
in securities after the 1st day of April 1991
and on and before 6th June 1992....."
The question is - does the period specified qualify the
word "offence" or the word "transactions" ? If it is the
former, the jurisdiction of the Special Court would be, as
contended by the appellant, limited to offences committed
within the period specified whenever t