K L MANOHAR Vs. SWADHARMA SWARAJYA SANGHA MADRAS

JUDGEMENT

(1.) This Revision is filed against the judgment of sentence passed in Crl. A. No. 183/93 dated 5-3-94 on the file of the IV Addl. Metropolitan Sessions Judge, Hyderabad whereby the accused was found guilty of the offence under section 630 of the Companies Act and he was sentenced.

(2.) Admittedly the offence arise under the Companies Act. The Government of Andhra Pradesh passed G.O. Rt, No. 734 dated 13-3-81 constituting Special Court for Economic Offences. In the schedule to the said G.O. 14 enactments are listed and the Companies Act is one of those enactments coming within the purview of the Economic offences Court. There is a Division Bench Judgment of this court also viz., Fakhruddin Sharafali Ampanwala v. State, 1997 {2} ALT (CRL) 529 : (1998 Cri LJ 439), wherein it is made clear that the offences arising out of those 14 enactments are within the jurisdiction of the Special Court for Economic Offences and not with the Metropolitan Sessions Judge.

(3.) In view of above, it should be held that the Metropolitan Magistrate and the Metropolitan Sessions Judge have no jurisdiction to deal with the offences arising out of the Companies Act and certainly they ought not to have entertained the complaint. Only special Judge has jurisdiction.