- (1.) THROUGH this writ application power of the superintendence of this Court has been invoked for directing the court of Special Judge, Economic Offences at Jamshedpur for disposing of the complaint case instituted under section 630 of the Companies Act within the time framed by this Court so that right of speedy justice be not denied to the petitioner.
(2.) ACCORDING to learned counsel appearing for the petitioner, necessity of filing this writ application has arisen as the cases instituted under section 630 of the Companies Act are rarely being disposed of expeditiously by the Court specially empowered to try the economic offences, though those cases need to be tried summarily as envisaged under section 260 of the Code of Criminal Procedure. In this regard it was further submitted that if the Court vested with the power to try the offences under the Companies Act adopt in true sense the procedure laid down under section 260 of the Code of Criminal Procedure and also deals with the matter in the spirit of the provision as contained in Section 630 of the Companies Act itself, the cases can certainly be disposed of expeditiously as the court would be saving much of time by avoiding recording evidences elaborately and thereby it would expedite disposal of the cases.
(3.) IT was further pointed out that if the court would be slightly sensitive in rendering speedy justice orders passed under section 630 of the Companies Act can be executed immediately after the orders attain its finality, i.e, after disposal of the appeal or revision but the situation as has been prevailing is that it takes not less than 12 -13 years after filing of the complaint under section 630 of the Act in getting the orders executed.;